Sunil Yadav @ Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75338 of 2018 Arising Out of PS. Case No.-19 Year-2017 Thana- BANMANKHI District- Purnia ====================================================== Sunil Yadav @ Sunil Kumar Yadav Son of Shri Bhagwat Yadav, Resident of Village- Bhatgama, P.S. Bhargama, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Yadav For the Opposite Party/s :

Mr.Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends his arrest in a case registered under Sections 143, 341, 342, 353, 186 of Indian Penal Code. It is submitted by the petitioners' counsel that in a group of 90 to 95 persons, who were protesting the murder of local Sarpanch, petitioner has been named in the instant case. He submits that the petitioner has falsely been implicated without there being any cogent material to connect him with the alleged occurrence. Petitioner has no criminal antecedent and the manner, in which the petitioner has been identified, renders the entire prosecution case suspicious.

Considering the aforesaid submissions and the facts

Patna High Court Cr.Misc. No.75338 of 2018(2) dt.21-12-2018 2/2 and circumstances of the case, prayer for anticipatory bail is allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia in Banmankhi Police Station Case No 19 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T