Patna High CourtCR. MISC./45550/2016bail granted

Awadhesh Yadav v. The State Of Bihar

2017-01-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45550 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -SALAIYA District- AURANGABAD ====================================================== Awadhesh Yadav Son of Kuldeep Yadav, resident of village - Kathautiya, Police Station-Salaiya, District - Aurangabad .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for regular bail in connection with Salaiya P.S. Case No. 01 of 2016 for the offences alleged under Section 386 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 17 of the C.L.A. Act having earlier been rejected by this Court by order dated 12.07.2016 in Cr. Misc. No. 27286 of 2016.

3. It is submitted that in subsequent developments, similarly situated co-accused Sanjay Yadav has been granted regular bail in Cr. Misc. No. 27190 of 2016. It is further submitted that the petitioner has already suffered custody for a year. The petitioner claims clean antecedents.

4. Having regard to the entirety of the 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 like amount each to the satisfaction of Mr. Mahavir Prasad, learned Judicial Magistrate, Aurangabad in connection with Salaiya P.S. Case No. 01 of 2016 with the following conditions:

Patna High Court Cr.Misc. No.45550 of 2016 (2) dt.18-01-2017 2/2 (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. (Vikash Jain, J) B.T/Ibrar U T