Patna High CourtCR. MISC./74339/2023allowed

Jalendra Yadav v. The State Of Bihar

2023-11-28Mr. Justice Arvind Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74339 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== JALENDRA YADAV S/O RAM CHANDRA YADAV VILLAGEMOTNAJE, PS. NARDIGANJ, DIST. NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2023

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

2. The petitioner apprehends his arrest in connection with Nardiganj P.S. Case No. 112 of 2022 registered under Sections 147, 149, 341, 323, 379, 353 and 504 of the Indian Penal Code.

3. Learned counsel appearing on behalf of the petitioner submits that similarly situated several co-accused persons have already been allowed bail by different Benches of this Court vide Cr. Misc. Nos. 57703 of 2022, 3518 of 2023 and 69368 of 2022 on 14.12.2022, 28.03.2023 and 21.03.2023 respectively, as contained in Annexure-2 series to the bail application.

Patna High Court CR. MISC. No.74339 of 2023(2) dt.28-11-2023 2/3

4. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-I, Nawada in connection with Nardiganj P.S. Case No. 112 of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C. with further conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) The Trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the Trial Court shall take step for cancellation of his bail bond.

Patna High Court CR. MISC. No.74339 of 2023(2) dt.28-11-2023 3/3 However, the acceptance of bail bond, in terms of the above mentioned order, shall not be delayed for purpose of or in the name of verification.

(Arvind Srivastava, J) shailendra/- U T