Ramanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37698 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- KATORIYA District- Banka ====================================================== Ramanand Yadav Son Of Churaman Yadav Resident of Village- Kadragora, Police Station- Katoria, 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. Nand Kishore Pd A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

25-08-2021 Heard learned counsel for the parties through video conferencing.

This is 2nd attempt for grant of bail on behalf of petitioner. Earlier, the bail petitioner of petitioner was rejected, vide order dated 05.01.2021 passed in Cr.Misc. No. 25679 of 2020.

On last occasion, vide order dated 14.07.2021, a report was called for from the court below regarding stage of the trial, which has been received and kept at flag 'A'. From perusal of the same, it appears that the case is pending for supply of police paper.

It is submitted on behalf of the petitioner that petitioner is in custody since 14.04.2020 and there is inadequate progress in the trial. Similarly situated co-accused namely Shiv

Patna High Court CR. MISC. No.37698 of 2021(3) dt.25-08-2021 2/2 Nandan Pandit and Manoj Das have already been granted bail by a coordinate Bench of this Court, vide order dated 17.03.2021 passed in Cr.Misc. No. 31931 of 2021 (Annexure - 4 to the petition).

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 Chief Judicial Magistrate - IV / Successor Court, Banka in connection with Katoriya P.S. Case No. 61 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T