Patna High CourtCR. MISC./81085/2025allowed

Harihar Yadav v. The State Of Bihar

2025-12-03Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81085 of 2025 Arising Out of PS. Case No.-86 Year-2016 Thana- BISHANPUR District- Darbhanga ====================================================== Harihar Yadav, S/O Late Jagdish Yadav, R/O Bharan Tol, Bisfi, P.S- Bisfi, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bishanpur P.S. Case No.86 of 2016 registered for the offence punishable under Section 363, 366A and 120B/34 of the Indian Penal Code.

3. Learned counsel for the petitioner has submitted that this is a case of misuse of bail. Earlier bail was granted to the petitioner by this Court vide order dated 20.07.2017 which was misused by him. After that, the trial Court has considered the misuse in granting the bail.

4. It is further submitted that as the petitioner had gone outside for his livelihood, his bail bond was cancelled and

Patna High Court CR. MISC. No.81085 of 2025(2) dt.03-12-2025 2/2 within two months he was declared absconder.

5. Learned counsel for the petitioner has also submitted that the petitioner has not received any summon or any notice and the execution of the processes are ex parte.

6. It is out and out a case of misuse of privilege of bail.

7. Considering the above facts and circumstances of the case and the submission made by learned counsel for the petitioner, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO Act), Darbhanga in connection with Bishanpur P.S. Case No. 86 of 2016 with the condition that he will not be allowed to misuse the bail in future and he is directed to present on each and every date in the trial Court to facilitate the trial.

(Ashok Kumar Pandey, J) lata/- U T