Patna High CourtCR. MISC./59151/2017bail granted

Kamleshwari Yadav v. The State Of Bihar

2018-02-28Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.59151 of 2017 (2) dt.28-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59151 of 2017 Arising Out of PS.Case No. -418 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Kamleshwari Yadav, Son of Late Lodhu Yadav, Resident of VillageDhoghari, P.S.- Fullidumar, District- Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Md. Nurul Hoda, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 16.06.2017, has renewed his prayer for bail in connection with Amarpur (Fullidumar) P.S. Case No. 418 of 2016 having earlier been rejected by order dated 04.10.2017 in Criminal Miscellaneous No. 36803 of 2017.

3. It is submitted that while the earlier bail petition was rejected, however, liberty was granted to the petitioner to renew his prayer for bail after framing of charge which has since been done on 31.10.2017 (Annexure-3).

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the above named petitioner 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 1st Additional Sessions Judge, Banka, in connection with Sessions Trial No. 471 of 2017 arising out of Amarpur (Fullidumar) P.S. Case No. 418 of 2016, on the following conditions:-

Patna High Court Cr.Misc. No.59151 of 2017 (2) dt.28-02-2018 (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.

(Vikash Jain, J) Md. Ibrarul/BT U T