Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78942 of 2018 Arising Out of PS. Case No.-72 Year-2016 Thana- PARAIYA District- Gaya ====================================================== Shankar Yadav S/o Late Laxmi Yadav R/vill-English, P.S-Chandauti, Distt.- Gaya.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kiran Sinha For the Opposite Party/s :

Mr.Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Paraiya P.S. Case No. 72 of 2016 registered for the offence punishable under Sections 447, 384, 379/34 of the Indian Penal Code and Section 17 of C.L.A. Act. Informant has alleged in his written complaint that on 04.06.2011 at 9.45 PM he was informed by his Munshi that when work of road repairing was going on, 10-12 extremists came and they stopped the work of road repairing and assaulted his drivers and also threatened that if levy is not paid to them, the work will not be allowed to start. FIR was registered against unknown.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.78942 of 2018(4) dt.11-03-2019 2/3 petitioner is not named in the FIR. He has been falsely implicated in this case only on suspicion. Informant is not the eye witness of the occurrence rather he had been informed through mobile by Munshi. It has been further submitted that nothing was recovered from the possession of petitioner nor he was apprehended from the spot. Petitioner is in custody since 04.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IIIrd, Gaya, in connection with Paraiya P.S. Case No. 72 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.78942 of 2018(4) dt.11-03-2019 3/3

(3) If the 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.

(S. Kumar, J) veena/- U T