Gaya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50117 of 2022 Arising Out of PS. Case No.-230 Year-2020 Thana- KONCH District- Gaya ====================================================== 1.

GAYA YADAV Son of Navratan Yadav Resident of Village - Alpa, P.S.- Konch, District - Gaya 2.

Baliram Yadav Son of Gaya Yadav Resident of Village - Alpa, P.S.- Konch, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-09-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered in connection with Konch P.S. Case No. 230 of 2020 for the offences punishable under Sections 147, 149, 341, 323, 302, 504/34 of the Indian Penal Code.

Earlier, the prayer for bail of the petitioners was rejected in Cr. Misc. No. 46871 of 2021 vide order dated 22.06.2022 with the liberty to renew their prayer for bail after framing of the charge.

Patna High Court CR. MISC. No.50117 of 2022(2) dt.21-09-2022 2/3 It is submitted that though at the time of passing of the order dated 22.06.2022, the charges were already framed but on account of inadvertence, it could not be mentioned hence, the order has been passed with the aforesaid liberty. He further submits that charges have already been framed on 22.04.2022 itself, apart from the fact that prayer for bail of other co-accused persons was also rejected with the aforesaid liberty to move before the Hon,ble Court and they have been allowed privilege of bail in Cr. Misc. No. 36747 of 2022 vide order dated 27.07.2022.

Learned counsel for the State is present.

In view of the aforesaid submission and taking into account the fact that charges have already been framed and other co-accused persons have granted bail, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Gaya in connection with Session trial no. 35 of 2021 arising out of Konch P.S.Case No. 230 of 2020 subject to the condition that one

Patna High Court CR. MISC. No.50117 of 2022(2) dt.21-09-2022 3/3 of the bailors will be the close relatives of the petitioners with further conditions which are as follows:- (i) The petitioners will cooperate in conclusion of the trial.

(ii) They will remain present on each and every date of trial till disposal of the case.

(iii) They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, their bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T