Govind Yadav @ Abhay Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.36470 of 2017 (4) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36470 of 2017 Arising Out of PS.Case No. -3 Year- 2013 Thana -DHIBRA District- AURANGABAD ====================================================== Govind Yadav @ Abhay Yadav Son of Kuldeep Yadav, R/o VillageBanmanjhauli, P.S.- Dhibra, District- Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.02.2017 in connection with Dhibra P.S. Case No. 3 of 2013 for the alleged offences under Sections 363/34 of the Indian Penal Code and Section 17 of the CLA Act.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged kidnapping of some employees of the Irrigation Department. It is submitted however, that no complaint whatsoever has been filed on behalf of any of the victim who might have been kidnapped.

4. Learned APP opposes the bail petition submitting that three employees of the Irrigation Department had been kidnapped as evident from the confessional statement of co-accused Krishna Singh @ Advani. It is submitted that the petitioner has a list of criminal antecedents against him.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering that co-accused

Patna High Court Cr.Misc. No.36470 of 2017 (4) dt.22-09-2017 Krishna Singh @ Advani as also other co-accused Amrendra Kumar Yadav had been granted bail by this Court in Cr. Misc. No. 18977 of 2014 and Cr. Misc. No. 46303 of 2014 respectively, let the petitioner above named 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, Aurangabad, in connection with Dhibra P.S. Case No. 3 of 2013 on the following 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 co-operate 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) 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. (Vikash Jain, J) Chandran/BT U T