Sanjay Yadav @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81715 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- PRATAPGANJ District- Supaul ====================================================== Sanjay Yadav @ Sanjay Kumar Son of Chandeshwari Yadav Resident of Village- Saurajan, P.S.- Pratapganj, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-12-2024 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Pratapganj P.S. Case No. 66 of 2024, registered for the offence punishable under Sections 341, 323, 307, 379, 384, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. This is the second attempt made on behalf of the petitioner, as earlier, the prayer for bail of the petitioner was turned down vide order dated 21.08.2024, in Cr. Misc. No. 56841 of 2024, with a liberty to the petitioner to renew his prayer for bail, after framing of the charge.
4. Drawing the attention of this Court to Annexure-3 to the bail application, learned Advocate for the petitioner
Patna High Court CR. MISC. No.81715 of 2024(2) dt.20-12-2024 2/3 contended that now the charges have already been framed on 28.10.2024, by the learned jurisdictional Court. It is next contended that, be that as it may, now the petitioner has been incarcerated since 11.04.2024 and he undertakes that he will fully co-operate in the trial.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that though the charges have already been framed, but it cannot be ignored that the petitioner is one of the person, who has caused grievous injury to the informant's son.
6. Regard being had to the submissions made on behalf of the parties and considering the observation of this Court and the fact that the charges have been framed and now the petitioner has been incarcerated since 11.04.2024, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Pratapganj P.S. Case No. 66 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the
Patna High Court CR. MISC. No.81715 of 2024(2) dt.20-12-2024 3/3 trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below 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 court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) shivank/- U T