Visham @ Vibhaw Yadav @ Visham Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13393 of 2020 Arising Out of PS. Case No.-85 Year-2013 Thana- HASANPUR District- Samastipur ====================================================== VISHAM @ VIBHAW YADAV @ VISHAM YADAV S/o Ramdev Yadav R/o village- Chhoti Moiyam, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 395 of the Indian Penal Code. Allegation is that 10-12 unknown persons entered into the house of the informant and committed dacoity of money, jewellery and electronics.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in this case on confessional statement of co-accused, namely, Ganga Ram. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. It is further submitted on

Patna High Court CR. MISC. No.13393 of 2020(2) dt.08-02-2021 2/2 behalf of the petitioner that the petitioner shall appear in the court below on each and every date and if he fails to appear on two consecutive dates the court below will be at liberty to cancel his bail bond.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Hasanpur P.S. case No.85 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure The petitioner is directed to appear in the court below on each and every date and if he fails to appear on two consecutive dates the court below will be at liberty to cancel his bail bond. Narendra/- (Sudhir Singh, J) U T