Jaipal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41162 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- SONPUR RAIL P.S. District- Saran ====================================================== JAIPAL YADAV S/O LATE SHIVNANDAN YADAV R/O VILLAGENATWAR BIRBAL, P.S- MANJHEE, DISTRICT-SARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar, Adv Mr. Rajeev Ranjan No.II, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-04-2022 Heard Mr. Pranav Kumar, learned counsel for the petitioner and Mr. Umeshanand Pandit, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Sonpur (Hajipur) Rail PS Case No. 40/2021 registered for the offence punishable under Section 370 of the IPC and Section 79 of J.J. Act.
The informant/police officer, while was on patrolling duty on the Hajipur Railway station, he saw a person sitting along with four children at platform no. 2/3 under a bridge and upon suspicion, the informant inquired about the presence of the children along with the petitioner, it was found that the petitioner was carrying the four children to Kolkata for working
Patna High Court CR. MISC. No.41162 of 2021(3) dt.20-04-2022 2/3 in a biscuit factory.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is a resident of the same police station under which the aforesaid four children reside. He next submits that petitioner is in custody since 12.05.2021 and the trial is not likely to be concluded in near future.
This Court vide its order dated 31.01.2022 had called for a report from the court concerned regarding stage of trial and in pursuance thereof, the report vide Letters No. 25 & 26 dated 14.02.2022 has been received and from perusal of the same, it would be evident that the cognizance has been taken, trial has not yet commenced, charge-sheet has been submitted and the case has been committed to the court of sessions. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner having no criminal antecedent is in custody since 12.05.2021, charge-sheet in the matter has been submitted and the trial is not likely to be concluded in near future, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, JAIPAL YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty
Patna High Court CR. MISC. No.41162 of 2021(3) dt.20-04-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sonpur (Saran) in connection with Sonpur (Hajipur) Rail PS Case No. 40/2021.
(Anil Kumar Sinha, J) perwez U T