Nagendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15805 of 2020 Arising Out of PS. Case No.-305 Year-2017 Thana- ATRI District- Gaya ====================================================== Nagendra Yadav, aged about 34 years, Male, Son of Sambhu Yadav Resident of Village - Narawat, Police Station - Atri, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kunwar Narayan Jamuar For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Atri P.S. Case No. 305 of 2017 registered for offences under sections 399, 402, 414 of the Indian Penal Code and Section 25 (1-b)a, 26, 35 of the Arms Act. Earlier the petitioner had moved before this Court with a prayer for bail and this Court, vide order dated 18.12.2019 passed in Cr. Misc. No. 84121 of 2019, rejected the same with a liberty to the petitioner to renew his prayer after six months of his judicial custody.
Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 16.8.2019. Looking to the period of custody as also considering
Patna High Court CR. MISC. No.15805 of 2020(2) dt.08-07-2020 2/2 the entire 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 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IInd, Gaya in connection with Atri P.S. Case No. 305 of 2017, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.
(Shivaji Pandey, J) rishi/- U T