Pritam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74388 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- BARAHAT District- Banka ====================================================== Pritam Yadav Son Of Bhawesh Yadav R/O Village- Mirzapur, P.S.- Barahat, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Veer, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai. APP :

Mr. Ajay Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Let the defect(s), 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 Barahat P.S. Case No. 27 of 2022 lodged under Sections 25(1b)a/26 of the Arms Act. Learned counsel for the petitioner submits that the bail application of the petitioner earlier rejected vide order dated 16.09.2022 passed in Cr. Misc. No.34545 of 2022 with a liberty that he may renew his prayer for bail after completion of custody of 1 year or 3 months after framing of charge whichever is earlier.

Patna High Court CR. MISC. No.74388 of 2022(5) dt.08-02-2023 2/3 Counsel for the petitioner submits that his custody has been completed for 1 year as well as charge has already been framed which is Annexure-3.

Learned counsel for the State opposes the prayer for bail and submits that from the record, it transpires that charge has already been framed.

In the present facts and circumstances of this case and the submissions made above, 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 C.J.M. Banka in connection with Barahat P.S. Case No. 27 of 2022, 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 affidavit before the court about his relationship with the petitioner.

Patna High Court CR. MISC. No.74388 of 2022(5) dt.08-02-2023 3/3 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.) prakashmani/- U