Ramakant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36747 of 2022 Arising Out of PS. Case No.-230 Year-2020 Thana- KONCH District- Gaya ====================================================== 1.

RAMAKANT YADAV Son of Gaya yadav Resident of Village- Alpa, P.S.- Konch, District - Gaya.

2.

Chhotu Yadav Son of Gaya Yadav Resident of Village- Alpa, P.S.- Konch, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 302, 504/34 of the Indian Penal Code.

Earlier, the prayer for bail of the petitioners was rejected vide order dated 13.09.2021 passed in Cr. Misc. No. 9492/2021 by this Court with a liberty to renew his prayer for bail after framing of charge.

Patna High Court CR. MISC. No.36747 of 2022(2) dt.27-07-2022 2/3 The petitioners have now filed this application for bail. It is submitted by learned counsel for the petitioner that charge has been framed against the petitioners. This fact is also supported by Annexure- 4 to this application. Considering the submissions made, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two surities of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Konch P.S. Case no. 230 of 2020, subject to the following conditions:

(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.36747 of 2022(2) dt.27-07-2022 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) shikha/- U T