Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42522 of 2018 Arising Out of PS.Case No. -336 Year- 2017 Thana -BALIA District- BEGUSARAI ====================================================== Bijendra Yadav S/o Ram Iqbal Yadav Resident of Village - Tajpur Tola, Shahpur Ward No. 10, P.S. - Ballia, District - Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 13.04.2018 in connection with Ballia P.S. Case No. 336 of 2017 for the offence registered under Sections 447, 341, 323, 324, 379, 307/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is dispute between the parties and they are agnates. It is further submitted that though the injury is said to have been attributed to the present petitioner but the same has been found to be grievous in nature. It is further submitted that the petitioner is ready to abide by all the terms and conditions as imposed by this Court. It is further submitted that the petitioner has no criminal antecedent. It is further submitted that the case which was instituted earlier against the petitioner, has ended in acquittal.

Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner and the informant are close agnates, 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 Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 336 of 2017, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate 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.

(Anjana Mishra, J) Jagdish/- U T