Gaya Nand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32805 of 2017 Arising Out of PS.Case No. -226 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Gaya Nand Yadav, son of late Bhunni Yadav, resident of village - Sohata, P.S. - Chhatapur, District - Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Chhatapur P.S. Case No.226 of 2016 instituted for the offence under Section(s) 147, 148, 149, 342, 323, 324, 307, 379, 504 Indian Penal Code. It has been submitted that there is case and counter case between the parties. It has further been submitted that one of the co-accused with similar allegation has been granted bail by this Court by order dated 25.07.2017 passed in Cr. Misc. No.34558 of 2017. There is general and omnibus allegation against the petitioner.
In the written report, there is no allegation of any specific overt act against the petitioner.
In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.32805 of 2017 (3) dt.29-08-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chhatapur P.S. Case No.226 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, II, Supaul, 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) JA/- U T