Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19447 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- JAHANABAD DistrictJehanabad ====================================================== Ajay Yadav aged about 48 years, male, Son of Late Karu Yadav Resident of Village-Erki P.S and District-Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Paras Nath, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 149, 427 and 384 of the Indian Penal Code registered in connection with Trial No. 1969 of 2018 arising out of Jehanabad P.S. Case No. 195 of 2018.

3. It is submitted that the petitioner has been falsely implicated and after due investigation, the police has submitted charge sheet only under bailable sections, differing with with however cognizance has been taken. Even in the past, Jehanabad P.S. Case No. 52 of 2016 was filed by the Guard of the informant in which also charge sheet had been submitted in non-cognizable offence. It is submitted that there is land dispute between the parties and the petitioner's land situated adjacent to the boundary of the informant's college.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.19447 of 2019(2) dt.01-04-2019 2/2 petitioner 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, Jehanabad in connection with Trial No. 1969 of 2018 arising out of Jehanabad P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further 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 cooperate 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) Ibrar//- U T