Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50058 of 2015 Arising Out of PS. Case No. -76 Year- 2014 Thana -ATRI District- GAYA ====================================================== Awadhesh Yadav, Son of Late Deva Yadav, Resident of village- Nehal Bigha, P.S.- Pauthi, District- Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Arun Kumar (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Sections 395, 397 and 328 of the Indian Penal Code. The petitioner submits that his name figured in the statement of seizure list witnesses. He further submits that admittedly the goods have not been recovered from his premises, rather there is a vague allegation that the petitioner along with others had kept some of the bundles in the alleged premises. As the police has not recovered the goods from the petitioner's premises, in the event of arrest or surrender before the court below within four weeks from today, the above named petitioner be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.50058 of 2015 (3) dt.18-12-2015 2 / 2 satisfaction of Judicial Magistrate, 1st Class, Gaya in connection with Atri P.S. Case no. 76 of 2014 subject to the conditions as laid down under Section 438 (2) Cr.P.C. with the condition that the petitioner will not physically absent for two consecutive dates at stretch till two witnesses are examined, failing which the bail bonds of the petitioner would be cancelled.

(Samarendra Pratap Singh, J.) Uday/- U T