Jeetendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38991 of 2015 Arising Out of PS.Case No. -259 Year- 2014 Thana -DHAMDAHA District- PURNIA ====================================================== Jeetendra Yadav, S/o Sri Chamru Yadav, Resident of Village Bajraha, Police Station Dhamdaha in the District of Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-02-2016 Heard Mr. Akhileshwar Prasad Singh, Sr. Counsel for the petitioner and Mr. M. Dayal, APP for the State. Petitioner apprehends his arrest in connection with Dhamdaha P.S. Case No. 259 of 2014 registered under Sections 302, 201 and 34 of the Indian Penal Code.

The informant named six accused persons in the first informantion report who allegedly committed murder of his son. In so far as the petitioner is concerned, it has been submitted that at a later stage of the investigation, two accused persons named in the F.I.R., on being arrested, made inculpatory statement in which they have named the petitioner as co-accused. Apart from that, there is nothing in the investigation report incriminating the petitioner in the alleged crime. The petitioner has no criminal

Patna High Court Cr.Misc. No.38991 of 2015 (4) dt.22-02-2016 2/2 antecedent. In fact for the first time, the criminal charge has been levelled against him.

Considering the above, in the event of arrest or surrender in the Court below within a period of four weeks from, today, the petitioner, above named, is directed to 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 Chief Judicial Magistrate, Purnea in connection with Dhamdaha P.S. Case No. 259 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) kunal/- U T