Sunarman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87048 of 2025 Arising Out of PS. Case No.-90 Year-2021 Thana- PALANWA District- East Champaran ====================================================== Sunarman Yadav Son of Late Jokhan Yadav Resident of Village - Parsauna Tapsi, P.S.- Palanwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-04-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 354 and 302 of Indian Penal Code.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case. It is next submitted that petitioner had earlier moved before this Court seeking regular bail by filing Cr. Misc No. 7881 of 2023 and the same came to be allowed by an order dated 29-4-2023. It is further submitted that the order dated 29-4-2023 in Cr. Misc No. 7881 of 2023 was hedged with a condition that if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial court shall

Patna High Court CR. MISC. No.87048 of 2025(3) dt.03-04-2026 2/3 forthwith cancel his bail bonds after recording reasons. 4.

Learned counsel for the petitioner submits that petitioner, after grant of regular bail by order dated 29-4-2023 in Cr. Misc No. 7881 of 2023, was appearing in the trial but on 269-2025, the petitioner for unavoidable reason could not appear, as such his bail bonds came to be cancelled and thereafter the petitioner was taken in custody on 11-10-2025. 5.

Learned counsel for the petitioner next submits that the instant case was taken up on 11-3-2026, when a report with regard to the stage of the trial was called for from the learned trial court. It is further submitted that the report has been received from the learned 3rd District & Additional Sessions Judge, East Champaran, Motihari, contained in letter no. 109 wherein it is recorded that out of 12 prosecution witnesses, 4 witnesses have been examined and next date in the case is 1-42026 for the evidence on behalf of the prosecution. 6.

Learned counsel for the petitioner thus submits that trial is going on and out of 12 prosecution witnesses, 4 witnesses have been examined and petitioner earlier was granted the privilege of regular bail, but on one date, he could not appear as a result of which his bail bonds was cancelled and thereafter the petitioner was taken in custody and has remained

Patna High Court CR. MISC. No.87048 of 2025(3) dt.03-04-2026 3/3 in custody for more than five months. It is also submitted that if privilege of regular bail is granted to the petitioner, the petitioner will not abscond, rather will attend the trial on each date fixed in the trial.

7.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

8.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Palanwa P.S. Case No. 90 of 2021.

9.

However, if the petitioner on two consecutive dates does not appear in the trial, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Sumit/- U T