Binod Yada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26144 of 2020 Arising Out of PS. Case No.-127 Year-2015 Thana- KAUWAKOL District- Nawada ====================================================== Binod Yada, Aged about 25 years (M), Son of Sheetal Yadav Resident of Village - Rani Bazar, P.S.- Kawakol, District - Nawada, Bihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Avanish Kumar Singh, Advocate For the Opposite Party :

Mr.Navin Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 427 of 2019 arising out of Kauakol P.S. Case No. 127 of 2015 for the offence under Sections 341, 323, 379, 307 and 302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has got no criminal antecedent. It is alleged that the petitioner was involved in assaulting the deceased. He further submits that co-accused Bholi Yadav has been granted bail by a coordinate Bench of this Court vide order dated 13.12.2017 passed in Cr. Misc. No. 60810 of 2017. Petitioner is in custody since 28.09.2019. The deceased is a man of criminal antecedent. The petitioner was granted provisional

Patna High Court CR. MISC. No.26144 of 2020(2) dt.12-10-2020 2/2 bail for a period of 15 days on 20.03.2020 to attend his father's last rites and in terms of the direction, he surrendered on 03.04.2020.

Learned counsel appearing on behalf of the petitioner submits that trial bearing Sessions Trial No. 427 of 2019 has already commenced after commitment of the case to the Court of Session.

From the materials available on record it appears that co-accused has been granted bail by a coordinate Bench of this Court with such terms and conditions so that he may extend full cooperation in early conclusion of the trial. Learned counsel appearing on behalf of the State would submit that it would not be appropriate to release the petitioner as his release may adversely affect conduct of the fair election.

Considering the aforesaid, the application for grant of bail is disposed of with a direction to the Additional District Judge-II, Nawada to release the petitioner on bail on appropriate terms and conditions after result of General Election in the State of Bihar is declared i.e. after 10th November, 2020. BT/- (Anil Kumar Upadhyay, J) U T