Patna High Court - Orders
Bambam Yadav @ Sharad Chandra Rai @ Sarad ... vs The State Of Bihar on 14 June, 2023
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34710 of 2023
Arising Out of PS. Case No.-319 Year-2022 Thana- SAHEBPUR KAMAL District-
Begusarai
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BAMBAM YADAV @ SHARAD CHANDRA RAI @ SARAD RAI Son of
Manu Shankar Nawdeep Chandra Rai Resident of Village- Raghunathpur, PS-
Sahebpur Kamal, District- Begusarai. At present resident of Gayatri Nagar,
Purab Sarai, PS- Kotwali, District- Munger
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Lakshmi Kant Sharma
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 14-06-2023Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 319 of 2022 registered for the offences punishable under Sections 120(B), 147, 148, 149 of the Indian Penal Code and Sections 25(1-b)a/26/35/27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner is suffering from cancer and earlier he was getting treatment in Max Hospital, New Delhi which is evident from Patna High Court CR. MISC. No.34710 of 2023(2) dt.14-06-2023 2/3 annexure 4 to this petition and hence, learned counsel prays that petitioner may be granted provisional bail for a period of three months so that he could continue his treatment.
Learned counsel for the State does not controvert the aforesaid submission.
In view of submissions of the parties, without going into the merits of the matter, let the petitioner above named be released on provisional bail for a period of three months from the date of receipt/production of copy of this order to the court concerned on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 319 of 2022, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move Patna High Court CR. MISC. No.34710 of 2023(2) dt.14-06-2023 3/3 for cancellation of bail.
However, the petitioner shall surrender before the learned trial court on 15.09.2023 and shall file surrender slip before this court within one week of his surrender.
List this matter on 25.09.2023 under appropriate heading.
(Alok Kumar Pandey, J) alok/-
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