Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24406 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- GUTHANI District- Siwan ====================================================== GUDDU YADAV Son of Triloki Yadav @ Triloki Resident of VillageYamuna Chhapar, Police Station- Khudhunadu, District- Deoria (Uttar Pradesh) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Mukteshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Guthani P.S. Case No. 26 of 2020 corresponding to Sessions Trial No. 156 of 2020, registered for the offence punishable under Sections 341, 392 and 34 of the Indian Penal Code.

Earlier the bail application of petitioner was rejected vide order dated 23.11.2020. Vide order dated 14.07.2021, report was called for regarding the stage of trial and same has been received (kept at flag 'R'), which reveals that charge has already been framed on 15.03.2021 and case is pending for

Patna High Court CR. MISC. No.24406 of 2021(3) dt.25-08-2021 2/2 evidence.

It is submitted that petitioner is in custody since 31.01.2020 and is having clean antecedent.

Considering the period of custody and progress of trial, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional District & Sessions Judge, Siwan in connection with Guthani P.S. Case No. 26 of 2020 corresponding to Sessions Trial No. 156 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T