Dinesh Yadav @ Badka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51466 of 2017 Arising Out of PS.Case No. -227 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Dinesh Yadav @ Badka S/o Late Sahdeo Yadav @ Sukhdeo Yadav, R/o Village- Gari Bishanpur, P.S.- Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Lakhisarai P.S. Case No. 227 of 2017 instituted for the offence under Sections-467, 468, 420, 34 of the Indian Penal Code and 25(1-B)a, 26 of the Arms Act. It has been submitted that the petitioner is not named in the FIR. The name of this petitioner has been disclosed by co-accused Amit Kumar Yadav before the police.

There is allegation that police got information that two persons have been looted by three unknown persons near DAV school. Thereafter, on assertion that criminals have gone towards Barahiya, he rushed and chased but all three accused persons fled away by hiding the said Tata 407 in a Gali. It is alleged that various articles including Icard of Amit Kumar Yadav were recovered from the aforesaid vehicle and FIR was accordingly, lodged against Amit Kumar Yadav who

Patna High Court Cr.Misc. No.51466 of 2017 (3) dt.14-11-2017 2/2 disclosed the name of this petitioner before the police. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Lakhisarai P.S. Case No. 227 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T