Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69955 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== Ganesh Yadav Son of Late Sukhdev Yadav, Resident of Village/MohallaPiparpanti, P.S- Pasraha, Dist- Khagaria, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial Case No.311 of 2022 arising out of Pasraha P.S. Case No. 69 of 2021, lodged under Sections 302, 307, 120(B), 34 of the Indian Penal Code read with Section 27(3) of the Arms Act.

Learned counsel for the petitioner submits that the bail application of petitioner has been rejected vide order dated 31.08.2022 passed in Cr. Misc. No.27684 of 2022 with liberty that he may renew his prayer for bail after framing of charge. Learned counsel for the petitioner submits that vide

Patna High Court CR. MISC. No.69955 of 2022(2) dt.18-01-2023 2/3 Annexure-3, it is clear that charge has been framed in this case against the petitioner alongwith others and trial has commenced. Learned counsel for the State after going through Annexure-3 submits that charge has been framed. 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 District and Sessions Judge, Khagaria in connection with Sessions Trial Case No.311 of 2022 arising out of Pasraha P.S. Case No. 69 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.69955 of 2022(2) dt.18-01-2023 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U