Kariman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16976 of 2019 Arising Out of PS. Case No.-12 Year-2017 Thana- BANDEYA District- Aurangabad ====================================================== Kariman Yadav, aged about 46 years, Gender- Male, Son of Late Baleshwar Yadav, Resident of Village- Budhai, P.S.- Upahara, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2019 In pursuant to the order dated 25.03.2019, the case diary was called for and on 13.05.2019, an explanation was called for from the C.J.M., Aurangabad. The learned court below has submitted his explanation.

I have gone through the explanation submitted by the Judicial Magistrate First Class, Daudnagar, Aurangabad. I accept the explanation.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bandeya P.S. Case No. 12 of 2017 registered under Sections 341, 323, 353, 385, 427, 435, 504, 506/34 of the Indian Penal Code and 17 of the C.L.A. Act.

It is submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.16976 of 2019(5) dt.26-06-2019 2/3 petitioner is innocent and has been falsely implicated in this case at the isntance of his enemies due to local politics. The petitioner is in jail custody since 17.12.2018. The other coaccused having similar allegations have been granted bail by a Co-ordinate Bench of this Court.

In the facts and circumstances of the case, let the petitioner above named 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 Chief Judicial Magistrate, Aurangabad in connection with Badeya P.S. Case No. 12 of 2017, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself

Patna High Court CR. MISC. No.16976 of 2019(5) dt.26-06-2019 3/3 available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T