Ratan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3662 of 2025 Arising Out of PS. Case No.-87 Year-2020 Thana- BELCHHI District- Patna ====================================================== Ratan Yadav S/O Shree Hari Yadav R/V- Gannichak PS- Belchhi Dist.- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Y.C. Verma,Sr. Advocate Mr. Vikas Kumar, Advocate For the State :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-01-2025 Heard Ld. counsel for the Petitioner and Ld. APP for the State.
2. The petitioner seeks regular bail in connection with Session Trial No. 426 of 2021 arising out of Belchhi P.S. Case No. 87 of 2020 dated 24.11.2020, registered for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 14007 of 2024, which was rejected vide order dated 10.05.2024, with an observation that if the trial is not concluded within six months, the petitioner would be at liberty to renew his prayer for bail. He further submits that since the trial has not been concluded in the stipulated time, the petitioner, vide
Patna High Court CR. MISC. No.3662 of 2025(2) dt.24-01-2025 2/3 present application, has renewed his prayer for bail. Moreover, as per the statement of learned counsel for the Petitioner, the trial is still at the stage of prosecution evidence. Hence, the petition has been filed.
4. He further submits that the Petitioner has been languishing in jail since 25.11.2020.
5. It has also been stated in paragraph no. 3 of the bail petition that the Petitioner has earlier been made accused in other three cases and in all the three cases, he is on bail.
6. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.
7. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Sessions Judge-Vth, Barh, in connection with Session Trial No. 426 of 2021 arising out of Belchhi P.S. Case No. 87 of 2020 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/Court as and when required.
Patna High Court CR. MISC. No.3662 of 2025(2) dt.24-01-2025 3/3 (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J.) Chandan/- U T