Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12305 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Jitendra Yadav (Male), aged about 22 years, Son of Late Sukhdev Yadav, Resident of Village- Lohsinghna, P.S.- Akbarpur, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Deepak Kumar, Advocate For the Opposite Party :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 341, 323, 307 and 504 of the Indian Penal Code registered in connection with Akbarpur P.S. Case No. 53 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties. The accusations are general and omnibus in nature . It is further submitted that in any event, injury sustained by Naresh Yadav attributed to the assault by the petitioner is simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, 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 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Nawada in connection with Akbarpur P.S. Case No. 53 of 2018, subject to the conditions as laid

Patna High Court CR. MISC. No.12305 of 2019(2) dt.28-02-2019 2/2 down under Section 438 (2) Cr.P.C. and with 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) That 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. (iv) That 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.

BT/- (Vikash Jain, J) U T