Masudan Yadav @ Madhusudan Yadav @ Masudhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3645 of 2023 Arising Out of PS. Case No.-215 Year-2013 Thana- BARBIGHA District- Sheikhpura ====================================================== Masudan Yadav @ Madhusudan Yadav @ Masudhan Yadav S/O Balram Yadav, R/V- Majrohi @ Manjrohi, P.S.- Pirpaithi @ Pirpainti, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Case No. 229 of 2022 arising out of Barbigha P.S. Case No. 215 of 2013 lodged under Sections 406, 364, 396, 302, 201, 120(B) of the I.P.C. and charge has framed against the petitioner under Sections 364, 396, 201 and 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has moved two times for anticipatory bail. Upon rejection, he filed regular bail which has been rejected vide

Patna High Court CR. MISC. No.3645 of 2023(3) dt.08-02-2023 2/3 order dated 05.09.2022 passed in Cr. Misc. No. 22301 of 2022. Counsel further submits that the said rejection was made with a liberty that the petitioner may renew his prayer for bail after framing of charge. Counsel further submits that charge has been framed in this case on 10.11.2022 (vide Annexure-3). Learned counsel for the State also submits that from the record, it transpires that charge has been framed in this case. In this view of the matter, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Sheikhpura in connection with Sessions Case No. 229 of 2022 arising out of Barbigha P.S. Case No. 215 of 2013, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.3645 of 2023(3) dt.08-02-2023 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U