Bhutai Yadav @ Bata Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2994 of 2020 Arising Out of PS. Case No.-56 Year-2012 Thana- AKBARPUR District- Nawada ====================================================== BHUTAI YADAV @ BATA YADAV Son of Badho Yadav Resident of Village - Malikpur Jakra, P.S.- Akbarpur, Distt - Nawada ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Section 307/34 and other allied sections of the Indian Penal Code and under section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He is not named in the FIR and he has been named in the case during investigation due to ulterior motive. Moreover, allegation of assault and firing is against some other accused persons. Petitioner has got no criminal antecedent. Nothing incriminating has come against the petitioner during investigation.
Considering the facts of the case, let the petitioner,
Patna High Court CR. MISC. No.2994 of 2020(2) dt.27-02-2020 2/2 above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate 1 Nawada in Akbarpur Police Station Case No. 56/2012 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail (Prabhat Kumar Singh, J) shashi/- U T