Chandan Kumar Yadav @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51809 of 2023 Arising Out of PS. Case No.-145 Year-2015 Thana- AMARPUR District- Banka ====================================================== Chandan Kumar Yadav @ Chandan Yadav Son Of Wakil Yadav Resident Of Village - Bakhadda, Police Station - Rajoun, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with S.T. No. 302 of 2023 arising out of Amarpur P.S. Case No. 145 of 2015 dated 20.05.2015, lodged under Sections 302, 120(B), 448, 34 of the I.P.C.

4. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 10.11.2022 passed in Cr. Misc. No. 23429 of 2022 in which liberty was granted to him to renew his prayer for bail 2 months after framing of charge.

5. Learned counsel for the petitioner further submits

Patna High Court CR. MISC. No.51809 of 2023(3) dt.22-09-2023 2/3 that the charge has already been framed in this case on 04.05.2023 and two months have been lapsed.

6. Learned counsel for the State opposes the prayer for bail and submits that it is correct that the charge has already been framed in this case.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.D.J.- 1st, Banka in connection with S.T. No. 302 of 2023 arising out of Amarpur P.S. Case No. 145 of 2015, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.51809 of 2023(3) dt.22-09-2023 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T