Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35359 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -MADANPURA District- AURANGABAD ======================================================

1. Jitendra Yadav Son of Faguni Yadav Resident of Village- Sijuahi P.S. Madanpur, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the State.

The application prays for grant of anticipatory bail in connection with Madanpur P.S. case No. 12 of 2016, registered under Sections 406, 409, and 420 of the IPC.

On an information, the informant went to the Vyapar Mandal Bhawan and found that the paddy was being

Patna High Court Cr.Misc. No.35359 of 2016 (2) dt.17-09-2016 2 / 3 purchased through the intermediaries. The Chairman of the Vyapar Mandal was doing this. The petitioner was found at the place of occurrence receiving bags of paddy from a pick up van. On query, he informed that under the orders of Ravindra Kumar Sinha, the Chairman of the Vyapar Mandal, the bags were being unloaded from the van.

It is submitted that the witnesses present there have not supported the case. Even according to the FIR, the petitioner was carrying the orders of the Chairman of the Vyapar Mandal, who has since been released on anticipatory bail vide order dated 25.04.2016 (Annexure-2). The petitioner does not carry any criminal antecedents.

Considering the facts and circumstances of the case, I am persuaded to extend the privilege of anticipatory bail to the petitioner. Let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Madanpur P.S. case no. 12 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:-

Patna High Court Cr.Misc. No.35359 of 2016 (2) dt.17-09-2016 3 / 3 (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

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