Bullo Yadav @ Bullu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49028 of 2024 Arising Out of PS. Case No.-10 Year-2022 Thana- KATORIYA District- Banka ====================================================== Bullo Yadav @ Bullu Yadav S/o Ram Prasad Yadav R/o vill - Telondha, P.S. - Katoria, Distt. - Banka ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
:
Mr. Vikas Kumar Jha, Adv.
:
Mr. Rakeh Kumar, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-07-2024 Heard Ld. counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Session Trial No. 625 of 2022 arising out of Katoriya P.S. Case No. 10 of 2022, dated 06.01.2022 registered for the offences punishable under Sections 147, 148, 149, 341,323, 302, 504, 506 and 120 B of the Indian Penal Code.
3. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 30387 of 2022, which was rejected vide order dated 25.01.2023, with an observation that if the trial is not concluded within one year, the petitioner would be at liberty to renew his
Patna High Court CR. MISC. No.49028 of 2024(2) dt.19-07-2024 2/3 prayer for bail. He further submits that since the trial has not been concluded in the stipulated time, the petitioner, vide present application, has renewed his prayer for bail.
4. He further submits that the petitioner is languishing in jail since 03.03.2022.
5. It transpires from the impugned order dated 06.06.2024, passed by Ld. Additional District and Sessions Judge-IX, Banka in Session Trial No. 625 of 2022, that the trial is not completed yet.
6. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional District and Sessions Judge-IX, Banka in connection with Session Trial No. 625 of 2022 arising out of Katoriya P.S. Case No. 10 of 2022, on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/Court as and when required. (ii) The petitioner will undertake that
Patna High Court CR. MISC. No.49028 of 2024(2) dt.19-07-2024 3/3 investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J) S. Ali/ramesh/- U T