Harendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 60911 of 2023 Arising Out of PS. Case No.-34 Year-2021 Thana- GURUA District- Gaya ====================================================== Harendra Yadav S/O Rajesh Yadav Village- Kathwara Bhuraha Gali, PsGurua, Dist- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-10-2023 Let the defect(s), if any, be removed within two weeks from today.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner seeks regular bail in connection with S.Tr. No. 466 of 2022 arising out of Gurua P.S. Case No. 34 of 2021 dated 08.02.2021, lodged under Sections 302, 120(B) and 34 of the I.P.C. read with Section 27 of the Arms Act.
4. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 12.08.2022 passed in Cr. Misc. No. 14706 of 2022 in which liberty was granted to him to renew his prayer for bail after framing of charge in this case.
5. Learned counsel for the petitioner further submits
Patna High Court CR. MISC. No. 60911 of 2023(2) dt.06-10-2023 2/3 that the charge has already been framed in this case which is annexed as Annexure- P/4.
6. Learned counsel for the State opposes the prayer for bail and submits that it is true that the charge has already been framed in this case. Counsel further submits that the antecedent of the petitioner is not clean and there are seven criminal cases pending against him.
7. 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 Only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Sherghati, Gaya in connection with S.Tr. No. 466 of 2022 arising out of Gurua P.S. Case No. 34 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other 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
Patna High Court CR. MISC. No. 60911 of 2023(2) dt.06-10-2023 3/3 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 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T