Patna High CourtCR. MISC./25865/2019bail granted

Asharfi Yadav v. The State Of Bihar

2019-05-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25865 of 2019 Arising Out of PS. Case No.-40 Year-2004 Thana- MANSURCHAK District- Begusarai ====================================================== ASHARFI YADAV, Son of Gango Yadav, Resident of Village- Maheshpur Pirpaiti, P.S.- Bhagwanpur, District- Begusarai. At present R/O Jahanpur, Ramchandrapur, Ward No. 06, P.S.- Bachhwara, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-05-2019 Petitioner seeks bail in connection with Mansoorchak P.S. Case No. 40 of 2004, corresponding to S.T. No. 507A of 2005, registered for the offences punishable under Sections 395, 397 and 412 of the Indian Penal Code.

This is a case of misuse of privilege of bail for about nine years.

Submission of learned counsel for the petitioner is that he was granted bail in the year 2004 and the case was fixed for evidence and not a single witness was turned up and he had gone outside for earning his livelihood and his bail bond was cancelled in the yer 2010 and later on he was arrested in the year 2018 and now he is in custody for five months and charge has been framed in this case and he is ready to abide by any

Patna High Court CR. MISC. No.25865 of 2019(3) dt.23-05-2019 2/2 condition that may be imposed on him.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Begusarai, in connection with S.T. No. 507A of 2005, arising out of Mansoorchak P.S.P.S.Case No. 40 of 2004, subject to the condition that one of the bailors of the petitioner shall be a close relative of the petitioner having sufficient immoveable property within the jurisdiction of the court concerned and further he has to appear in court as and when required, otherwise his bail bond shall be cancelled. (Vinod Kumar Sinha, J) spal/- U T