Sadanand Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.57666 of 2017 (2) dt.28-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57666 of 2017 Arising Out of PS.Case No. -134 Year- 2015 Thana -NARPATGANJ District- ARRARIA ====================================================== Sadanand Yadav son of Late Dhanpat Yadav, Resident of villageBarhara, P.S.- Narpatganj, District- Araria .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bidhanesh Misra, 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. The petitioner, who is in custody since 14.02.2017, has renewed his prayer for bail in connection with Narpatganj P.S. Case No. 134 of 2015 for the offence alleged under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code having earlier been rejected by this Court by order dated 12.04.2017 in Cr. Misc. No. 17974 of 2017.
3. It is submitted that the petitioner has been falsely implicated and in any event similarly situated co-accused Bechan Yadav who is said to have made assault along with the petitioner on the head of Sanjay Yadav with farsa has been granted bail by this Court in Cr. Misc. No. 38741 of 2015. The petitioner claims clean antecedents and the petitioner has already suffered more than a year in custody.
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 14.02.2017, let the
Patna High Court Cr.Misc. No.57666 of 2017 (2) dt.28-02-2018 petitioner above named 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 Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 134 of 2015, 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.
(iv) The petitioner shall cooperate 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.
(Vikash Jain, J) Md. Ibrarul/BT U T