Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17722 of 2020 Arising Out of PS. Case No.-50 Year-2018 Thana- SIKRAUL District- Buxar ====================================================== Akhilesh Yadav Son of Shankar Yadav Resident of Village - Kedeshari, P.O.- Girdharpur, P.S.- Sikraul, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Prasad For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sikraul P.S. Case no. 50 of 2018 registered for offence under sections 307, 147, 148, 149, 341, 323 and 504 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently. In the above case the petitioner was granted bail vide order dated 3.12.2018 (Annexure-1) passed in Cr.Misc.No.69110 of 2018. Subsequently, the bail bond of the petitioner was cancelled on 13.5.2019.

It is submitted by learned counsel for the petitioner that having been affected by jaundice he was advised complete bed rest and thus could not attend Court. As such his bail bond was cancelled. Subsequently, the petitioner surrendered on 20.1.2020 and charge has been framed on 24.1.2020.

The application for bail is opposed by learned A.P.P. for

Patna High Court CR. MISC. No.17722 of 2020(3) dt.02-06-2020 2/2 the State.

Having heard learned counsel for the parties and taking into consideration the aforesaid facts and circumstances including the fact that the petitioner himself surrendered in Court and is in custody since 20.1.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sessions Trial No. 265A of 2018, CIS No.440 of 2018 (Sikraul P.S. Case no. 50 of 2018 ) on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Buxar.

Taking into consideration the fact that charge has been framed in the case on 24.1.2020, it is directed that the petitioner shall remain physically present in Court on each date of trial and in case of the petitioner's absence on two consecutive dates for reasons not to the satisfaction of the learned Court below, his bail bond shall be cancelled and he shall be taken into custody till conclusion of the trial.

(Partha Sarthy, J) Bibhash/- U T