Chanki Yadav @ Chanik Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61828 of 2023 Arising Out of PS. Case No.-119 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Chanki Yadav @ Chanik Yadav S/O Mahendra Yadav R/O Kutubganj, P.SBabarganj, Distt.- Bhagalpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Advocate For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Earlier prayer for bail of the petitioner was rejected vide order dated 31.08.2022 passed in Cr. Misc. No.22742 of 2022.
3. Learned counsel for the petitioner submits that bail petition has been rejected with observation that trial is directed to be concluded at the earliest preferably within a year from the date of framing of charge. Counsel submits that the charge has already been framed on the date the bail petition was rejected and since then one year has elapsed. From the report it transpires that evidence of I.O. is only wanting.
4. Learned counsel for the State opposes the prayer for bail.
Patna High Court CR. MISC. No.61828 of 2023(3) dt.10-11-2023 2/3
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Bhagalpur, in connection with Sessions Trial No.13 of 2020, arising out of Mojahidpur (Babarganj) P.S. Case No.119/2020, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.61828 of 2023(3) dt.10-11-2023 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T