Patna High CourtCR. MISC./14729/2016bail granted

Bijendra Yadav v. The State Of Bihar

2016-04-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14729 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Bijendra Yadav Son of Late Shyamsundar Yadav @ Ramsundar Yadav Resident of village - Kathoutiya, P.S. Bihariganj, District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Aditya Nr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bihariganj Police Station Case No. 18 of 2016, disclosing offence under Sections 434, 379, 120B/34 of the Indian Penal Code.

The allegation, against the accused persons, is of taking out earth from the land belonging to the State Government.

Learned Counsel appearing on behalf of the petitioner has submitted that the petitioner has been falsely implicated, without any basis. He submits that the petitioner has nothing to do with the land, in question. Considering the nature of accusation and the

Patna High Court Cr.Misc. No.14729 of 2016 (2) dt.29-04-2016 2/2 facts and circumstances of the present case, this application is allowed.

Let the petitioner, Bijendra Yadav, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, in connection with Bihariganj Police Station Case No. 18 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √