Dayanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8516 of 2017 Arising Out of PS.Case No. -239 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Dayanand Yadav, Son of Sri Suresh Yadav, Resident of Village- Kola Narayanpur, P.S.- Jagdishpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 The petitioner is apprehending his arrest in connection with Jagdishpur P.S. Case No. 239 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 324 and 307 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case as he is a correspondent of daily local news paper and he has exposed the action of sand mafias in the news papers, which will appear from perusal of annexure -4 series. It has further been submitted that informant of the present case is a notorious criminal and he has been named in twenty seven criminal cases. Further no recovery has been made from the possession of the petitioner and there is general and omnibus allegation against the petitioner.

Patna High Court Cr.Misc. No.8516 of 2017 (3) dt.17-03-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner is a correspondent of daily news paper and also in view of the fact that only general and omnibus allegation has been levelled against the petitioner and he has clean antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur in connection with Jagdishpur P.S. Case No. 239 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before

Patna High Court Cr.Misc. No.8516 of 2017 (3) dt.17-03-2017 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

It is also made clear that if any incriminating material comes against the petitioner during the course of investigation except what is mentioned in the F.I.R, the prosecution will be free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunil/- U T