Sukhdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26569 of 2019 Arising Out of PS. Case No.-37 Year-2003 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.

SUKHDEO YADAV S/O Late Puna Yadav @ Puna Mahato, Resident of village- Purainee, P.S.- Govindpur, District- Nawada. 2.

Gore Yadav, S/O- Sukhdeo Yadav, Resident of village- Purainee, P.S.- Govindpur, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Jodhan Yadav Son of Late Puna Yadav Resident of Village- Puraini, P.S.- Govindpur, District- Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Complaint Case No. 37/2003, instituted for offences under Section(s) 341, 323, 307, 378, 504 and 34 of the Indian Penal Code.

This is a case of misuse of privilege of bail by petitioner.

Learned counsel for the petitioners has submitted that bail bonds of petitioners were cancelled on 02.11.2017. Thereafter processes under Sections 82 and 83 Cr.P.C. was issued on 30.11.2018.

Patna High Court CR. MISC. No.26569 of 2019(2) dt.24-04-2019 2/3 The petitioners have mentioned in para 3 of bail petition that after getting knowledge of cancellation of their bail bond, they surrendered in the court below on 06.02.2019. They are in custody since then.

The petitioners have sufficiently been punished for the laches on his part.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IVth, Nawada, in connection with Complaint Case No. 37/2003, subject to the conditions that (I) both the bailors shall be the close relative of the petitioners.

(II) Petitioners shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioners and

Patna High Court CR. MISC. No.26569 of 2019(2) dt.24-04-2019 3/3 (III) if petitioners tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioners.

(Sanjay Priya, J) rakhi/- U T