Awadhesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41197 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -GOGRI District- KHAGARIA ======================================================

1. Awadhesh Kumar Yadav, son of Ramchandra Yadav, resident of village - Lauwalagam, P.S. - Chausa, District - Madepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Gogri P.S. Case No.15 of 2018 instituted for the offence under Section(s) 307 Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that petitioner is a man of clean antecedents. He is a government servant. In the written report, it is alleged that on the date of occurrence while the informant was talking on the mobile in front of his office, the petitioner along with other accused persons came on Bolero and made firing, but the informant had narrow escape.

Counsel for the petitioner submits that general and omnibus allegation has been levelled against the petitioner.

Patna High Court Cr.Misc. No.41197 of 2018 (2) dt.13-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Gogri P.S. Case No.15 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.