Patna High CourtCR. MISC./71138/2024bail granted

Ram Daresh Yadav v. The State Of Bihar

2024-11-27Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71138 of 2024 Arising Out of PS. Case No.-185 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Ram Daresh Yadav S/O Jagdambi yadav R/O Vill Tileshwar,P.S. Kusheshwar Asthan, O.P-Tilkeshwar Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha Mr. Shishir Kumar Shishir For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-11-2024 This case has been listed today for out of turn hearing on the ground that the father of the petitioner has died on 25th of November, 2024 and the petitioner, being the only son is required to cremate and perform Shradh ceremony of his father.

2. The petitioner has filed an Interlocutory Application being Interlocutory Application No. 1 of 2024 for grant of interim bail during pendency of the present bail application and the original copy of the same is taken on record.

3. Heard learned counsel for the petitioner and learned APP for the State.

4. This is the second attempt of the petitioner for grant of regular bail in connection with Kusheshwar Asthan (Tilkeshwar O.P.) P.S. Case No. 185 of 2022 registered for the

Patna High Court CR. MISC. No.71138 of 2024(2) dt.27-11-2024 2/3 offences under Section 341, 323, 379, 307, 504, 506/34 of the Indian Penal Code.

5. In the facts of the case, I have heard the main bail application.

6. As per the prosecution case, the petitioner is said to have fired upon the victim girl which hit her in the chest.

7. Earlier the petitioner has also moved for regular bail but the same has been rejected vide order dated 5.3.2024 passed in Cr. Misc. No. 80182 of 2023.

8. The petitioner is in jail since 27.07.2023.

9. Learned counsel for the petitioner submits that, in the trial charges have framed but no witness has been examined.

10. Considering the facts and circumstances of the case, the period of custody and also the fact that there has been no substantial progress in the trial, this application is allowed.

11. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st, Benipur, Darbhanga/concerned Court below in connection with S.Tr. No. 750 of 2023 arising out of Kusheshwar Asthan (Tilkeshwar

Patna High Court CR. MISC. No.71138 of 2024(2) dt.27-11-2024 3/3 O.P.) P.S. Case No. 185 of 2022.

12. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Kusheshwar Asthan (Tilkeshwar O.P.)Police Station on first Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

13. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U T