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Patna High CourtCR. MISC./48016/2019bail granted

Chotan Yadav @ Mukesh Raj v. The State Of Bihar

2019-09-19Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48016 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- MASAUDHI District- Patna ====================================================== CHOTAN YADAV @ MUKESH RAJ Son of Jagdish Prasad Yadav Resident of Village - Purani Bazar, Sangeetpar, P.S.- Masaudhi, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Shri Yogesh Chandra Verma, Senior Advocate Mr.Anuj Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-09-2019 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the Informant is also present.

The petitioner is in custody since 20.02.2019 in connection with Masaudhi P.S. Case No. 127/2019 registered for the offence punishable under Sections 147/148/149/341/ 342/323/307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned Senior Counsel for the petitioner submits that though there is specific allegation against the petitioner of having fired, yet the matter has now been compromised and both the parties and their respective parents have decided not to pursue with the matter further so that the respective families may lead a normal life without nursing any revenge or vendetta

Patna High Court CR. MISC. No.48016 of 2019(4) dt.19-09-2019 2/3 against each other.

In this context, learned Senior Counsel appearing on behalf of the petitioner submits that an affidavit duly sworn by the father of both the parties is being filed in this Court today so as to demonstrate their bonafides and the petitioner shall not indulge himself in any such act in future.

Considering the aforementioned facts and circumstances and also because a supplementary affidavit duly sworn by the father of both the parties has been filed on record before this Court indicating their terms of compromise and without going into the merits of the case and in view of the examination which the petitioner is likely to take on the 23rd of September, 2019, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge, XXth, Patna, in connection with Masaudhi P.S. Case No. 127/2019, subject to the following conditions:-

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.48016 of 2019(4) dt.19-09-2019 3/3

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T