Bhupendra Yadav @ Bhupenda Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20892 of 2019 Arising Out of PS. Case No.-132 Year-2014 Thana- BELDOUR District- Khagaria ====================================================== Bhupendra Yadav @ Bhupenda Yadav, aged about 51 years, Gender-Male, Son of Maheshwar Prasad Yadav Resident of Village and Post - Mali, P.S.- Beldaur, District - Khagaria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Beldaur P.S. Case No. 132 of 2014.

3. It is submitted that the petitioner has been falsely implicated and in any event, after due investigation, the police has submitted final report in which several accused persons including the petitioner have not been sent up for trial while only three co-accused persons have been chargesheeted. Similarly situated other accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 07.03.2019 passed in Cr. Misc. No. 13231 of 2019 and so also co-accused Bhupendra Kumar @ Bhupendra Panjiyar has been granted anticipatory bail by this Court vide order dated 25.03.2019 passed in Cr. Misc. No. 16293 of 2019. The petitioner is accused in one prior case of different nature in which he is on bail.

4. Be that as it may, in the event of the petitioner's arrest or

Patna High Court CR. MISC. No.20892 of 2019(4) dt.16-07-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named 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 Miss Simmi Kujjur, learned Judicial Magistrate, 1st Class, Khagaria in connection with Beldaur P.S. Case No. 132 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with 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 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. (iv) 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.

(Vikash Jain, J) BT/- U T