Vijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7743 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -BIND District- NALANDA (BIHARSHARIFF) ====================================================== Vijendra Yadav, S/o Sita Ram Yadav, R/o Village- Madanchak, P.S.- Bind, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 17.06.2017 in connection with S.T. No.620/17, arising out of Bind P.S. Case No.85 of 2017, registered for the offence under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though there is a self-confessional statement made before the police, which has no evidentiary value, the petitioner is languishing in jail for almost nine months. He further submits that it is only due to old enmity, that the name of the petitioner has been brought in connection with the present case and there

Patna High Court Cr.Misc. No.7743 of 2018 (3) dt.27-02-2018 2/3 is no eye-witness to the occurrence. It is further submitted that the petitioner is willing to face the trial and shall appear on each and every date, as and when required.

Considering the aforementioned facts and circumstances and that the petitioner has no criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional District & Sessions Judge, Biharsharif, Nalanda, in connection with S.T. No.620/17, arising out of Bind P.S. Case No.85 of 2017, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his 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 his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court Cr.Misc. No.7743 of 2018 (3) dt.27-02-2018 3/3

(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. (Anjana Mishra, J) PNM U T