Patna High CourtCR. MISC./52135/2019bail granted

Shivdani Yadav v. The State Of Bihar

2019-10-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52135 of 2019 Arising Out of PS. Case No.-44 Year-2017 Thana- MAHESHKHUNT District- Khagaria ====================================================== SHIVDANI YADAV Son of Murli Yadav. Resident of Village - Baraitha, P.S.- Gogari, District - Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307, 302 and 120(B)/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Petitioner is one of the assailant of Sudhir Yadav and Devo Yadav. Petitioner is in custody since 12.07.2017. In the past prayer for bail was twice refused; firstly on 27.03.2018 and for the second time on 15.05.2019 with direction to the trial judge to proceed with the trial without allowing unnecessary adjournment in the matter. The report of the trial judge would reveal that due to non-appearance of some other co-accused, charges have not

Patna High Court CR. MISC. No.52135 of 2019(3) dt.16-10-2019 2/2 been framed in the case as yet.

Learned counsel for the petitioner submits that now the charge has already been framed against the petitioner. Considering the facts aforesaid as well as period already undergone by the petitioner and undertaking of the petitioner to co-operate with the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Maheshkhunt Police Station Case No.44 of 2017, subject to condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T