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Patna High CourtCR. MISC./35630/2023allowed

Mani Lal Yadav v. The State Of Bihar

2023-06-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35630 of 2023 In CRIMINAL MISCELLANEOUS No.17469 of 2023 Arising Out of PS. Case No.-30 Year-2020 Thana- KHIRI MORE District- Patna ====================================================== MANI LAL YADAV Son of Yogendra Yadav Resident of VillageRaghunathpur, PS- Khiri More, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-06-2023 Heard the parties.

In this case, Cr. Misc. No.17469 of 2023 was allowed on 26.04.2023.

Now, the modification petition has been filed stating therein that each and every member of the family is accused and as such clause-1 needs modification. Further, it seems that instead of direction to appear each every date in clause-2, every day has been incorporated and thirdly, now the case has been committed to the Court of learned Additional District and Sessions Judge- VI, Danapur, Patna from learned J.M., 1st Class, Danapur, Patna.

Taking into account the aforesaid facts that the entire family members are accuseds, the clause 1 of the order stands

Patna High Court CR. MISC. No.35630 of 2023(2) dt.21-06-2023 2/3 modified as follows :- "Both the bailors shall provide official document to show their bona fide"

Regarding clause 2, the same is modified as follows: "the petitioner shall appear every date before the Trial Court and failure to do so without plausible reason will entail cancellation of his bail bond by the Trial Court itself"

Further, the order be read as follows:

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge -VI, Danapur in connection with Khiri More P.S. Case No. 30 of 2020 subject to the following conditions:

(i) Both the bailors shall provide official document to show their bona fide;

(ii) the petitioner shall appear every date before the Trial Court and failure to do so without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every month till conclusion of the trial to mark his

Patna High Court CR. MISC. No.35630 of 2023(2) dt.21-06-2023 3/3 attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(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 his bail bonds. With the aforesaid observations, the application is allowed.

The modification petition stands allowed.

(Rajiv Roy, J) Jagdish/kiran/- U T