Devnandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30095 of 2019 Arising Out of PS. Case No.-86 Year-2016 Thana- FULKAHA DistrictAraria ====================================================== DEVNANDAN YADAV, aged about 55 years, male, Son of Late Hiralal Yadav Resident of Village - Anchara, P.S.- Fulkaha, District- Araria ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Chandra Bhushan Das, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 28.07.2017, has renewed his prayer for bail in connection with Fulkaha P.S. Case No. 86 of 2016, G.R. No. 2697 of 2016 having earlier been rejected by order dated 17.01.2018 in Criminal Miscellaneous No. 2265 of 2018.

3. It is submitted that in a subsequent development, co-accused Pawan Yadav has been granted bail by order dated 07.05.2018 in Cr. Misc. No. 27211 of 2018. The other similarly situated co-accused Tarachand Yadav had been granted bail earlier in Cr. Misc. No. 16869 of 2017. It is reiterated that the petitioner is not the main assailant in the case and claims clean antecedents.

4. Be that as it may and having regard to the period of

Patna High Court CR. MISC. No.30095 of 2019(2) dt.24-07-2019 2/2 custody since 28.07.2017 already suffered, let the petitioner above named 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 Chief Judicial Magistrate, Araria in connection with Fulkaha P.S. Case No. 86 of 2016, G.R. NO. 2697 of 2016, with the following conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Ibrar//- U T