Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16896 of 2017 Arising Out of PS.Case No. -342 Year- 2016 Thana -BELHAR District- BANKA ====================================================== Mohan Yadav, s/o late Gurucharan Yadav, resident of Village- Bela, P.S.- Belhar, District- Banka.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate. For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Belhar P.S. Case No. 342 of 2016 instituted for the offence under Sections 302/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that he has no criminal antecedent. He has been made accused in the case merely because he is brother of the main assailant Nepali Yadav.
As per Fardbeyan, there is specific allegation that coaccused Nepali Yadav fired from Desi Katta in the chest and Kanpatti of the deceased Dilip Yadav (nephew of the informant). In this manner, there is no allegation of specific overt act against the petitioner.
Patna High Court Cr.Misc. No.16896 of 2017 (3) dt.23-06-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Belhar P.S. Case No. 342 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 2nd, Banka, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.