← Library
Patna High CourtCR. MISC./46397/2024bail granted

Birendra Yadav @ British Yadav v. The State Of Bihar

2024-08-02Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41572 of 2024 Arising Out of PS. Case No.-467 Year-2020 Thana- KHAIRA District- Jamui ====================================================== Kedar Yadav @ Kedar Prasad Yadav S/O Badho Yadav R/O Village- Than Singh Dih, P.S- Cokai Nayanpur, Distt.- Giridih (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Pramod Kumar Ms. Diksha Kumari, Advocates For the Opposite Party/s :

Mrs. Renu Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-08-2024 Heard Mr. N.K. Agrawal, learned Senior counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 05.04.2024, in connection with Sessions Trial No. 274 of 2021 arising out of Khaira P.S. Case No. 467 of 2020, F.I.R. dated 02.11.2020 registered for the offences punishable under Sections 147, 148, 149, 323, 376, 511, 379, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned Senior counsel for the petitioner submits that the petitioner has been granted bail by this Court vide order dated 28.02.2022 passed in Cr. Misc. No. 40433 of 2021 and as per condition in the aforesaid order, the petitioner is required to appear on each and every date before the learned Trial Court

2/4 and failed to do so for two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court itself.

4. Learned Senior counsel for the petitioner further submits that the petitioner could not appear in the present case due to reason that on 11.01.2024 petitioner could not appear physically in the learned Trial Court due to illness although he filed representation petition under Section 317 of the Cr. P.C. which was rejected on the ground that in the petition dated 10.01.2024 has been mentioned in place of 11.01.2024 which was clerical mistake but on the same day the learned Trial Court has been pleased to cancel the bail bond of the petitioner and process under Section 83 of the Cr. P.C. was issued and on 05.04.2024 the petitioner was arrested and produced in Court.

5. Learned Senior counsel for the petitioner further submits that the petitioner undertakes that he will appear in the present case on each and every date fixed by the learned Trial Court.

6. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries seven more cases other than the present one but fairly submits on the basis

3/4 of paragraph-3 of the bail petition that the petitioner is on bail in all the pending matters.

7. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Jamui in connection with Sessions Trial No. 274 of 2021 arising out of Khaira P.S. Case No. 467 of 2020, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be physically present in Court on each and every date fixed by the Court as the learned counsel for the petitioner has given an undertaking before this Court and on his absence on any date, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T