Bikram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2259 of 2019 Arising Out of PS. Case No.-250 Year-2018 Thana- BALIYA DistrictBegusarai ====================================================== Bikram Yadav son of Late Prakash Yadav, resident of Vill-Bhagatpur,P.SBallia, Distt.-Begusarai. ... ... Petitioner

Versus

The State Of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar Singh, Advocate.

For the Opposite Party:

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 401, 413, 414, 411 of the Indian Penal Code and Section 25(1-b)A/26 of the Arms Act registered in connection with Ballia P.S. Case No. 250 of 2018.

3. It is submitted that the petitioner has been falsely implicated and alleged recovery is said to have been made from the cow dung shed and not from the house of the petitioner. There is no information regarding theft of the said article and as such no case is made out against the petitioner. The accusations under Arms Act are also not applicable in the case of the petitioner.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.2259 of 2019(2) dt.17-01-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 250 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T