Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40798 of 2024 Arising Out of PS. Case No.-323 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== Sudhir Yadav Son Of Madheshwar Yadav Resident Of Village - Madhiya, P.S. - Basopatti, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr.Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 25.05.2023 in Cr. Misc. No. 2331 of 2023.

3. The petitioner seeks bail in connection with Basopatti P.S. Case No. 323 of 2019 registered for the offence punishable under Sections 302 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. It has been submitted by learned counsel for the petitioner that the petitioner is in jail since 04.12.2020 and from the report of the trial Court, it appears that there is no progress in the trial and in fact charges were not framed when the report was received.

5. Considering the delay in the trial and the period of

Patna High Court CR. MISC. No.40798 of 2024(3) dt.04-10-2024 2/2 custody, this application is allowed.

6. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani/concerned Court in connection with Basopatti P.S. Case No. 323 of 2019, subject to the condition that both the bailors should be the relative of the petitioner and one of them should be the close blood relative of the petitioner.

7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

8. The petitioner will also mark attendance in Basopatti Police Station, Madhubani on every Sunday of the month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) P. Kumar U T