Patna High CourtCR. MISC./12246/2016bail granted

Makeshwar Yadav v. The State Of Bihar

2016-03-16Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.12246 of 2016 (2) dt.16-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12246 of 2016 Arising Out of PS.Case No. -662 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Makeshwar Yadav Son of Late Sukhdeo Yadav R/o Village - Gohari, P.S. - Chanan, District - Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajnish Chandra, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 384 of the Indian Penal Code registered in connection with Lakhisarai P.S. Case No. 662 of 2014.

3. It is submitted that the petitioner is innocent which is evident from the fact that he has not been arrested at the time of occurrence when he is said to have been caught red handed by the Superintendent of Police and District Magistrate. It is further submitted that there is no chance of the petitioner absconding, being in police service.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's

Patna High Court Cr.Misc. No.12246 of 2016 (2) dt.16-03-2016 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 Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 662 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

(i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T