Rajendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.53680 of 2017 (2) dt.28-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53680 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -SONO District- JAMUI ====================================================== Rajendra Yadav, Son of Late Matukdhari Yadav, Resident of VillageBhelwa Mohanpur, Police Station- Sono, District- Jamui. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Pramod Kumar, 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 counsel for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 03.03.2017 and has renewed his prayer for bail in connection with Sono P.S. Case No. 32 of 2017 having twice been rejected by this Court by orders dated 11.04.2017 and 05.07.2017 in Cr. Misc. No. 17917 of 2017 and Cr. Misc. No. 29251 of 2017, respectively.

3. It is submitted that the petitioner has been falsely implicated for allegedly opening firing from pistol upon the informant as no firearm injury has been sustained by him. It is submitted that charge has now been framed against the petitioner on 06.11.2017 and there is no chance of tampering with the evidence. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 03.03.2017, let the petitioner above named be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.53680 of 2017 (2) dt.28-02-2018 of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Jamui, in connection with Sessions Trial No. 349 of 2017 arising out of Sono P.S. Case No. 32 of 2017, on the following conditions:- (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