Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63375 of 2019 Arising Out of PS. Case No.-360 Year-2017 Thana- FALKA District- Katihar ====================================================== Subhash Yadav Son of Shatrudhan Yadav Resident of Village - Dira Chandpur, P.S.- Falka (Pothiya), Distt.- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Falka (Pothiya) P.S. Case No. 360 of 2017 for the offences under Sections 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 26.03.2018. He further submits that earlier the petitioner has approached this Court in Cr. Misc. No. 34278 of 2018 but his prayer for bail was rejected with the observation that petitioner may renew his prayer for bail if the trial is not concluded within three months but till date trial has not been concluded. Considering the fact that petitioner has no criminal

Patna High Court CR. MISC. No.63375 of 2019(2) dt.17-10-2019 2/2 antecedent and he has remained in custody for nearly one year and six months, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Court of learned Additional District and Sessions Judge-VII, Katihar in connection with ST No. 27 of 2019 (arising out of Falka (Pothiya) P.S. Case No. 360 of 2017), subject to condition that petitioner shall extend full cooperation in the Trial and if he fails to attend the Court proceeding on two consecutive dates without any cogent reason, the Court below shall be at liberty to cancel the bail bond of the petitioner. (Anil Kumar Upadhyay, J) mdrashid/- U T