Dhiraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21785 of 2023 Arising Out of PS. Case No.-213 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Dhiraj Yadav S/O Sujeet Yadav, Resident of Village- Dandari Tola, Lakhminiya, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-05-2023 Heard Mr. Sada Nand Roy, learned counsel appearing on behalf of the petitioner and Mr. Ashok Kumar Singh, learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 213 of 2020, for the offence punishable under Section 25(1-b)a, 25(1-A), 25(1-AA), 26 and 35 of the Arms Act.

3. Learned counsel appearing on behalf of the petitioner submitted that the prayer for bail of the petitioner has been rejected by this Court on 11.02.2022 passed in Criminal Miscellaneous No. 25629 of 2021 with direction to the learned Court below to hold the trial expeditiously, preferably, within a period of one year, but no substantial progress took place in the conduct of the trial. He further submitted that similarly situated

Patna High Court CR. MISC. No.21785 of 2023(5) dt.10-05-2023 2/3 co-accused Md. Jamser has already been released on bail by a co-ordinate Bench of this Court on 30.03.2023 passed in Criminal Miscellaneous No. 4483 of 2022. The petitioner has clean antecedent.

4. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

5. Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Begusarai in connection with Sahebpur Kamal P.S. Case No. 213 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) 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.

Patna High Court CR. MISC. No.21785 of 2023(5) dt.10-05-2023 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T