Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60661 of 2022 Arising Out of PS. Case No.-336 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== Anil Kumar Yadav S/O Narayan Yadav @ Narayan Rai @ Ramnarayan Ray Resident of Village- Jalalpur Khurd, Post- Bishunpura Bazar, P.S.- Sidhwalia, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-01-2023 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 341, 323, 324, 307, 302, 506/34 of the Indian Penal Code.

Earlier the bail petition of the petitioner was rejected vide order dated 09.02.2022/18.02.2022 passed in Cr. Misc. No. 29212 of 2021.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that the petitioner is in custody since 29.12.2020.

Vide order dated 16.11.2022, a report was called for with regard to the stage of the trial. The report dated 21.12.2022

Patna High Court CR. MISC. No.60661 of 2022(5) dt.25-01-2023 2/3 reveals that charge has been framed against the petitioner on 12.10.2022 and the case is pending for the evidence of prosecution and till date out of eight charge-sheeted witnesses no one has been examined till date.

Learned counsel for the petitioner submits that in view of the report the trial is not concluded in near future and the petitioner is in custody since 29.12.2020. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sidhwalia P.S. Case No. 336 of 2020, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.60661 of 2022(5) dt.25-01-2023 3/3

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T