Balram Prasad Yadav @ Balram Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.7286 of 2018 (2) dt.25-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7286 of 2018 Arising Out of PS.Case No. -435 Year- 2014 Thana -MADHEPURA District- MADHEPURA ====================================================== Balram Prasad Yadav @ Balram Yadav, son of Late Swarup Yadav @ Swarup Lal Mandal, Resident of Village- Chakla Lakshmi Rampur, P.S. & District- Madhepura.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shyam Bihari Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner, who is in custody since 03.08.2017, has renewed his prayer for bail in connection with Madhepura P.S. Case No. 435 of 2014 for the offence alleged under Sections 467, 468, 469, 471, 420, 409, 120B of the Indian Penal Code having earlier been rejected by this Court by order dated 09.11.2017 in Cr. Misc. No. 51313 of 2017.
3. It is submitted that in a subsequent development he has been granted bail by order dated 02.02.2018 in Cr. Misc. No. 62463 of 2017 (Annexure-9) relating to Sachiwalaya P.S. Case No. 107 of 2016 which was also instituted for the same offences. It is further submitted that his earlier attempt for bail was rejected by this Court in absence of any detail about the petitioner's appointment. The petitioner has now enclosed a copy of the appointment letter dated 01.06.1970 forming part of the supplementary affidavit.
4. Be that as it may, having regard to the entirety of
Patna High Court Cr.Misc. No.7286 of 2018 (2) dt.25-04-2018 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. IV, Madhepura, in connection with Madhepura P.S. Case No. 435 of 2014, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) Md. Ibrarul/BT U T