Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27738 of 2018 Arising Out of PS. Case No.-1 Year-2005 Thana- Atri District- Gaya ====================================================== Binod Yadav S/o Late Raghunandan Yadav, Residence of Village - Rangpur, P.S. - Atri, Distt. - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun Kumar Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

07-05-2018 Heard Sri Arun Kumar, learned counsel assisted by Sri Sanjay Kumar Sharma, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 20-12-2017 in Atri P.S. Case No. 01 of 2005 (G.R. No. 59 of 2005/Tr. No. 111 of 2017) registered for offence under Sections 341, 307, 324, 504/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail since his bail bond was earlier cancelled due to default.

Learned counsel for the petitioner submits that in the present case, the petitioner was enlarged on bail in the year 2006 and thereafter, he regularly attended the proceeding, however; subsequently, he lost the track of the case and his bail-bond was

Patna High Court Cr.Misc. No.27738 of 2018(2) dt.07-05-2018 2/2 cancelled in the year 2008. It was submitted by learned counsel for the petitioner that petitioner, being a member of labour class for earning his livelihood, had gone out of State and subsequently, he noticed that his bail-bond was cancelled and for his appearance, processes have already been issued. After noticing this fact, immediately on 20-12-2017, petitioner voluntarily surrendered in the court and since then, he is in custody. It has also been argued that despite the fact that case is of the year 2005, till date, charge has not been framed. In view of facts and circumstances, let the petitioner namely Binod Yadav be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Shefali Narayan, learned Judicial Magistrate Ist Class, Gaya in connection with Atri P.S. Case No. 01 of 2005 (G.R. No. 59 of 2005/Tr. No. 111 of 2017). (Rakesh Kumar, J.) anay U T