Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71493 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- KATIHAR District- Katihar ====================================================== CHANDAN YADAV Son of Parmeshwar Prasad Yadav @ Laxmi Yadav Resident of Village - Barmasia, Police Station - Sahayak Katihar, District - Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-06-2020 The matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 326, 384, 307, 114, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner had caused firearm injury to the informant. Earlier prayer for bail was refused vide order at Annexure-1 on 30.04.2019 with liberty to renew the prayer after completion of one year of custody if the trial is not concluded in the meantime. Submission is that trial is still pending. Petitioner is in custody since 03.10.2018. There is no chance of conclusion of

Patna High Court CR. MISC. No.71493 of 2019(2) dt.09-06-2020 2/2 the trial in near future due to COVID effect. Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Katihar Sahayak Police Station Case No. 206 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned court below.

If the petitioner would not be able in furnishing sureties due to lockdown, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) Kundan/- U T