Patna High CourtCR. MISC./28943/2018bail granted

Dheli Yadav v. The State Of Bihar

2018-07-18Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.28943 of 2018 (2) dt.18-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28943 of 2018 Arising Out of PS.Case No. -35 Year- 2010 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dheli Yadav S/o Shivcharan Yadav, R/o Vill.- Bariarwa, P.S.- Semra, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sharma For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2018 Heard both sides.

The petitioner seeks bail in Sessions Trial No.22 'A' of 2011 arising out of Semara P.S. Case No.35 of 2010 registered under Section 302 and other minor Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner was granted bail vide order dated 14.03.2011 passed in Cr. Misc. No.43861 of 2010 on the undertaking that the petitioner had no criminal antecedent but it was found that the petitioner got criminal antecedent. The informant filed petition for cancellation of bail of the petitioner and the bail granted to the petitioner was cancelled vide order dated 28.03.2012 but the petitioner did not

Patna High Court Cr.Misc. No.28943 of 2018 (2) dt.18-07-2018 surrender in the court below for more than three years and petitioner was arrested. Thereafter, petitioner again moved for bail in Cr. Misc. No.33053 of 2017 and vide order dated 30.08.2017 passed in Cr. Misc. No.33053 of 2017, the prayer for bail of the petitioner was rejected with an observation that the petitioner may renew his prayer for bail after six months. More than ten months has elapsed after rejection of bail petition of the petitioner on 30.08.2017.

Considering the facts aforesaid, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II, Bagaha, West Champaran in connection with Sessions Trial No.22 'A' of 2011 arising out of Semara P.S. Case No.35 of 2010. (Prabhat Kumar Jha, J) Saurabh/- U T