Bidyanand Yadav @ Vidyanand Yadav v. The State Of Bihar Through Vigilance, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 879 of 2018 Arising Out of PS.Case No. -451 Year- 2017 Thana -GANDHIMAIDAN District- PATNA ====================================================== Bidyanand Yadav @ Vidyanand Yadav S/o Late Jagat Yadav, R/o VillageMadura, P.S.- Saur Bazar, District- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar Through Vigilance, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Krishna Prasad Singh, Sr Advocate with Mr Bhaskar Shankar, Advocate For the Vigilance : Mr Ramakant Sharma, Sr Advocate with Mr Rakesh Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard counsel for the petitioner, informant and the Vigilance.

Petitioner seeks bail in a case registered under Sections 394 of Indian Penal Code and Section 13 (2) read with Section 13 (1) (c) of P C Act.

It is submitted by the counsel for the petitioner that that co-accused Birendra Kumar, against whom there is specific allegation of snatching money from the informant, has been allowed bail by this Court by order dated 28.11.2007 passed in Cr Misc No 56269 of 2017. Other co-accused Md Naushad Alam @ Naushad Alam has also been granted bail by this Court by order dated 12.12.2017 passed in Cr Misc No 58289 of 2017. Petitioner

Patna High Court Cr.Misc. No.879 of 2018 (2) dt.11-01-2018 2/2 submits that no specific allegation has been made against him and merely because he was a member of the police party, he has been made an accused in this case on the basis of extraneous consideration. He is in custody since 01.11.2017. Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance I, Patna in Special Case No 234 of 2017 arising out of Gandhi Maidan Police Station Case No 451 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T