Deorat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35344 of 2024 Arising Out of PS. Case No.-185 Year-2022 Thana- BIHRA District- Saharsa ====================================================== Deorat Yadav Son of Shambhu Yadav Resident of Village- Bishnupur, P.S.- Bihra. District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha with Mr. Ashok Kumar, Advocates For the State :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323, 354, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Bihra P.S. Case No. 185 of 2022.

3. The allegation against the petitioner along with others is of firing upon the informant due to which he sustained injury.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has

Patna High Court CR. MISC. No.35344 of 2024(4) dt.18-09-2024 2/3 committed no offence. It appears from order dated 09.08.2023 passed in Cr. Misc. No. 13482 of 2023 that earlier the bail application of the petitioner was dismissed as withdrawn by a Co-ordinate Bench with a direction to the Court below, if the trial is not concluded within a period of nine months, the petitioner will be at liberty to renew his prayer for bail. It is next submitted that the stipulated period of time for concluding the trial has lapsed but the trial has not been concluded as yet. Moreover, petitioner is a person of clean antecedent and he is in custody since 22.11.2022.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, 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 C.J.M., Saharsa in connection with Bihra P.S. Case No. 185 of 2022, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

7. Petitioner shall remain physically present as directed by the Court and on his absence on two consecutive

Patna High Court CR. MISC. No.35344 of 2024(4) dt.18-09-2024 3/3 dates without without sufficient reason, his bail bonds shall be cancelled by the Court below.

(Nawneet Kumar Pandey, J) Arish/- U T