Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51918 of 2022 Arising Out of PS. Case No.-236 Year-2012 Thana- RAJAOLI District- Nawada ====================================================== Sunil Yadav Son of Mahendra Yadav R/V- Mohanpur, P.S- Rajauli, DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Pratap Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-12-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard Mr. Tej Pratap Singh, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP for the State through video conferencing. The petitioner seeks regular bail, who is in custody in connection with Session Trial No. 164 of 2014 arising out of Rajouli P.S. Case No. 236 of 2012 registered for the offences punishable under Sections 341, 323, 379, 307, 504 of the Indian Penal Code.

At the outset, learned counsel for the petitioner submitted that earlier the petitioner was already granted bail by the learned Chief Judicial Magistrate, Nawada vide order dated

Patna High Court CR. MISC. No.51918 of 2022(2) dt.09-12-2022 2/3 26.11.2012, itself and on being granted bail, he always remained present and the proper pairvi was made, however, on account of absence in two consecutive dates on 07.06.2017 and 31.07.2017, the petitioner has been declared absconder and later on vide order dated 29.03.2019, the bail bond of the petitioner was cancelled. He further submits that on account of nationwide pandemic, due to covid-19, he was not in a position to ensure proper pairvi and due to which his bail bond stood cancelled. He next submits that now the petitioner is in judicial custody since 22.07.2022 and he is giving undertaking that he will fully cooperate in the trial, till its conclusion. On the other hand, learned APP for the State opposes the bail application.

Regard being had to the submissions made on behalf of the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessins Judge-X, Nawada in connection with Sessions Trial No. 164 of 2014 arising out of Rajouli P.S. Case No. 236 of 2012, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

Patna High Court CR. MISC. No.51918 of 2022(2) dt.09-12-2022 3/3 (i) The petitioner will cooperate in conclusion of the trial.

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

(iii) He 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, his bail bonds will liable to be cancelled.

(Harish Kumar, J) shivank/- U T