Dhanik Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11704 of 2016 Arising Out of PS.Case No. -211 Year- 2015 Thana -BIHRA District- SAHARSA ====================================================== Dhanik Lal Yadav, S/o Jokai Yadav, R/o Village- Mankhahi, P.S.- Bihra, District- Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma Mr.Arun Kumar Sinha For the Opposite Party/s : Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-03-2016 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 307, 324, 448 and some other allied offences under the Indian Penal Code as also under Section 27 of the Arms Act.

Taking into consideration the fact that though the three sons of the petitioner have been named in the FIR vide Annexure-1 as accused persons, but the petitioner has not been named in the FIR as an accused, yet his involvement has been suspected during the course of investigation and further taking into consideration the fact that he is said to be the first offender, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail is allowed.

In the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.11704 of 2016 (2) dt.17-03-2016 Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saharsa in connection with Bihra P.S. Case No. 211 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to further conditions that:

(A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

Arvind/- (Birendra Prasad Verma, J) U T