Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55096 of 2019 Arising Out of PS. Case No.-74 Year-2000 Thana- RAGHOPUR District- Supaul ====================================================== BIRENDRA YADAV Son of Late Bindeshwar Yadav Resident of Village - Jagir, P.S.- Raghopur, Dist.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. This is an application for grant of regular bail on behalf of the petitioner in connection with Raghopur P.S. Case No. 74 of 2000, registered for the offence, punishable under Sections 447 and 379/34 of the Indian Penal Code. The petitioner's bail bond was cancelled as he failed to appear before the court below.

It is submitted by learned counsel for the petitioner that the situation so arises because the concerned Pairwikar failed to do Pairwi in the case and the petitioner was unaware of his presence, as and when required in the court below on the date fixed. It is further submitted that the petitioner shall now co-operate in the trial and he undertakes to be present as and

Patna High Court CR. MISC. No.55096 of 2019(3) dt.17-09-2019 2/3 when required before the court concerned. He also submits that no sooner he learnt about that his bail bond was cancelled, he surrendered on 02.07.2019 and since then he is languishing in jail.

Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned SDJM, Birpur (Supaul) in connection with Raghopur P.S. Case No. 74 of 2000, corresponding to G.R. No. 590 of 2000, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

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

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

Patna High Court CR. MISC. No.55096 of 2019(3) dt.17-09-2019 3/3 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) HR/- U T