Bijendra Yadav @ Bijendra Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25513 of 2024 Arising Out of PS. Case No.-208 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== Bijendra Yadav @ Bijendra Prasad Yadav Son Of Late Motilal Yadav Resident Of Ward No.12, Imamganj Phenglass, Police Station - Raghopur, District - Supaul ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun, Advocate For the Opposite Party/s :
Mr.Syed Ehteshamuddin,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2024 Heard Mr.Arun, learned counsel for the petitioner and Mr.Syed Ehteshamuddin, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 09.09.2020 in connection with S.Tr.No.408 of 2022 arising out of Raghopur P.S. Case No. 208 of 2020, F.I.R. dated 02.09.2020 registered for the offence punishable under Section 341,323,324,325,307,379,504,506/34 of IPC and later on Section 302 of IPC was added.
3. Earlier the prayer for bail of the petitioner was twice rejected vide order dated 14.07.2021 passed in Cr. Misc. No.4523 of 2021 and order dated 03.05.2023 passed in Cr.Misc. No.36553 of 2022.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.25513 of 2024(3) dt.26-07-2024 2/3 submits that although there is specific allegation against the petitioner but due to some petty dispute the present occurrence had taken place.
5. Vide order dated 09.04.2024, a report was called for with regard to the present status of the trial. Report of the learned Trial Court dated 18.04.2024 reveals that out of total 13 chargesheet witnesses, 06 witnesses have been examined.
6. Learned counsel for the petitioner submits that in view of the report of the learned Trial Court that there is no chance of early conclusion of the trial in near future and the petitioner is in custody since 09.09.2020.
7. Learned APP for the State has opposed the prayer for bail of the petitioner.
8. Considering the report of the learned Trial Court as well as the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Supaul in connection with S.Tr.No.408 of 2022 arising out of Raghopur P.S. Case No. 208 of 2020, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.25513 of 2024(3) dt.26-07-2024 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T