Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24432 of 2020 Arising Out of PS. Case No.-243 Year-2010 Thana- KATORIYA District- Banka ====================================================== MANOJ YADAV Son of Late Saryu Yadav Resident of Village- Rampur, P.S.- Katoriya, District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Sessions Trial No. 1084 of 2011, arising out of Katoriya Police Station Case No. 243 of 2010, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code. Learned Counsel for the petitioner submits that the petitioner was granted bail by this Court vide order, dated 03.05.2012, passed in Criminal Misc No. 16516 of 2012 and after being released, the petitioner regularly attended the Court till 2016 and after paying fees to his conducting lawyer for proper pairvi in this case, the petitioner proceeded outside Bihar for earning his livelihood, but necessary pairvi was not made in

Patna High Court CR. MISC. No.24432 of 2020(3) dt.13-11-2020 2/3 this case and due to communication gap, the petitioner could not appear before the learned Trial Court, due to which his bail bonds were cancelled on 20.04.2016 and on 13.06.2019, the petitioner was declared absconder. He further submits that the petitioner surrendered before the learned Trial Court voluntarily on 12.02.2020 and since then he is in custody. He, thus, submits that it is a case of misuse of privilege of bail and the petitioner is ready to abide any condition put forth by this Court for grant of bail.

After having heard learned Counsel for the parties and taking into consideration the materials on record, I am inclined to grant bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Banka, in connection with Sessions Trial No. 1084 of 2011, arising out of Katoriya Police Station Case No. 243 of 2010.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two

Patna High Court CR. MISC. No.24432 of 2020(3) dt.13-11-2020 3/3 consecutive occasions, his bail bond shall be liable to be cancelled.

It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √