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Patna High CourtCR. MISC./87446/2019bail granted

Dharmendra Kumar @ Dharo Yadav v. The State Of Bihar

2020-06-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87446 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== DHARMENDRA KUMAR @ DHARO YADAV S/O Shambhu Yadav Resident of Village - Raghunathpur, P.S.- S. Kamal, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate.

For the Opposite Party/s :

Mr.Veena Rani Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 399 and 402 of the Indian Penal Code, Sections 37(B) and 37(C) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Allegation is that from possession of the petitioner, fire arm along with cartridges were recovered. Petitioner has got criminal antecedent. Earlier prayer for bail was refused on 12.06.2019 in Cr. Misc. No. 23573 of 2019 considering the criminal antecedent of the petitioner. Petitioner is in custody since 07.01.2019.

Patna High Court CR. MISC. No.87446 of 2019(2) dt.10-06-2020 2/2 While refusing the prayer for bail, this Court had directed the trial Judge to expedite the trial with liberty to the petitioner to renew prayer for bail after six months, if the trial is not concluded in the meantime.

Submission is that the trial has not yet concluded. Considering the period already undergone by the petitioner, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sahebpur Kamal P.S. Case No. 11 of 2019 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T