Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9680 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -PARWATTA District- KHAGARIA ====================================================== Sanjay Yadav S/o Chandra Dev Yadav Resident of Village- Araria, P.S. Parbatta, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Parbatta P.S. Case No. 43 of 2016, registered under Sections 147, 148, 353, 307 of I.P.C. and 25(1-B)A, 26, 27, 35 of the Arms Act. It is stated that nothing was recovered from the conscious possession of the petitioner, as the allegation is that the petitioner fled away from the place of occurrence. However, there is allegation of firing on the police party. It is contended that the co-accused persons, who were apprehended, have already been granted bail by different co-ordinate Benches of this Court as stated in earlier order dated 04.10.2016 passed in Cr. Misc. No. 42622 of 2016. It is also contended by the learned counsel for the petitioner that the petitioner is in custody since 16.08.2016. He is

Patna High Court Cr.Misc. No.9680 of 2017 (3) dt.03-05-2017 2/2 involved in two other cases also, which has been stated in paragraph-8 of the petition.

Having regard to the facts and the circumstances of the case, the petitioner, Sanjay Yadav, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Parbatta (Madia) Police Station Case No. 43 of 2016 with a further condition that one of the bailors of the petitioner must be his close relative or family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with him. Further, if the petitioner, after his release in this case, is again found to be involved in a criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Dr.