Khaltu Yadav @ Arbind Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29417 of 2024 Arising Out of PS. Case No.-170 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Khaltu Yadav @ Arbind Yadav Son Of Late Nago Yadav @ Nageshwar Yadav Resident Of Village - Morkahi, P.S. - Muffasil, District - Khagaria ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.Tr. No.595 of 2023, arising out of Kusheshwar Asthan P.S. Case No.170 of 2019, (G.R. No.502 of 2019) lodged under Sections 341, 342, 323, 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 06.12.2023 passed in Cr. Misc. No.64112 of 2023 in which liberty was granted to him to renew his prayer for bail after framing of charge.
4. Learned counsel for the petitioner further submits
Patna High Court CR. MISC. No.29417 of 2024(2) dt.15-05-2024 2/3 that the charge has already been framed in this case on 16.03.2024 thereafter, the petitioner has filed the present bail application.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned ADJ-1st, Benipur, Darbhanga in connection with S.Tr. No.595 of 2023, arising out of Kusheshwar Asthan P.S. Case No.170 of 2019, (G.R. No.502 of 2019), subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.29417 of 2024(2) dt.15-05-2024 3/3 police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Prakashmani/- U T