Tapsi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54138 of 2018 Arising Out of PS.Case No. -89 Year- 2013 Thana -ARARIA District- ARRARIA ======================================================
1. Tapsi Yadav S/o Late Tulsi Yadav @ Late Tulsi Prasad Yadav, R/o Vill.- Bag Nagar, P.S.- Mahalgaon, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner who has been in custody since 21.12.2017 in connection with Araria P.S. Case No. 89/2013 registered for the offences punishable under Sections 341/323/307/ 379/34 of the Indian Penal Code, has been renewing his prayer for bail which was earlier rejected vide order dated 01.05.2018 passed in Cr. Misc. No. 18822 of 2018 in view of the liberty given to the petitioner to renew prayer after farming of charge. Learned counsel for the petitioner submits that now charge has been framed by the Court below and the petitioner is co-operating in the trial and shall be present at all material times. It is submitted that the petitioner is ready to abide the terms and conditions as imposed by this Court if extended the privilege of
Patna High Court Cr.Misc. No.54138 of 2018 (2) dt.05-09-2018 2/3 bail.
Considering the fact that the petitioner has been in custody since 21.12.2017 and that the petitioner has no criminal history, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Session Judge, Araria, in connection with Araria P.S. Case No. 89 of 2013, subject to the following conditions:-
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
Patna High Court Cr.Misc. No.54138 of 2018 (2) dt.05-09-2018 3/3 However, the trial Court is directed to expedite the trial so as to conclude the same within a period of nine months. (Anjana Mishra, J) Saif/- U