Hari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53578 of 2017 Arising Out of PS.Case No. -367 Year- 1994 Thana -BANKA District- BANKA ====================================================== Hari Yadav Son of late Karu Yadav Resident of Village- Kunauni, P.S. Banka, District Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vibhakar Kumar, Advocate For the Opposite Party : Mr. Sri Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier rejected vide order dated 25.05.2017 passed in Cr. Misc. 19608 of 2017, on the ground that the petitioner is suffering in custody since 27.02.2017, he has got no criminal antecedent, he has not set the house on fire, the police has found land dispute and submitted final form but the learned C.J.M. has taken cognizance. The petitioner is a senior citizen and, as such, he deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner remained absconding. In the facts and circumstances stated above, the

Patna High Court Cr.Misc. No.53578 of 2017 (3) dt.06-12-2017 2/2 petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st, Banka, in connection with Banka P.S. Case No. 367 of 1994 (S. Tr. No. 364 of 2017), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T