Chandshi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48683 of 2022 Arising Out of PS. Case No.-39 Year-2018 Thana- JADOPUR District- Gopalganj ====================================================== Chandshi Yadav, Son of Somari Yadav, R/O Village- Mehandia Nahar Par, P.S.- Jadopur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 10-05-2023 The applicant/accused in Crime No. 39 of 2018 registered with Jadopur Police Station for the offences punishable under Sections 272 and 273 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise Act, 2016, by this application has renewed his prayer for grant of bail during the pendency of the trial.

Heard both sides.

The earlier application of the applicant was rejected on 30.03.2022 on the ground that the applicant is a repeat offender.

It is urged that the applicant is undergoing pre-trial detention right from 03.11.2021 and as yet the case is only for appearance. No charge has been framed.

In this view of the matter, considering the period of

Patna High Court CR. MISC. No.48683 of 2022(2) dt.10-05-2023 2/2 pre-trial detention of the applicant, necessary care can be taken of the criminal incident of the applicant by bestowing liberty on the applicant. Hence, the following orders :- (i). The application is allowed.

(ii). The applicant/accused in Crime No. 39 of 2018 registered with Jadopur Police Station be released on bail on executing P.R. Bond of Rs.10,000/- (Rupees Ten Thousand) and on furnishing two sureties of the like amount each to the satisfaction of the learned Trial Court with the following conditions :- (I) The applicant/accused should not repeat commission of similar offence or offences related to human body in future. Failing of adhere, this condition will entail the prosecutor to apply for cancellation of liberty granted to the applicant by this Court.

The order be uploaded only after removing defects by the learned counsel for the applicant.

(A. M. Badar, J) Saurabhkrsinha/ Aditi/- U T