Naresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14770 of 2018 Arising Out of P.S.Case No. -253 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ====================================================== Naresh Yadav, Son of Late Baldev Yadav, Resident of Village- Mayapur, P.S. Muffasil, District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rashmi Sharma For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-04-2018 Heard.
The petitioner apprehends arrest in connection with Muffasil P.S .Case No.253 of 2017 registered for an offence under Section 307 and other allied sections of the IPC. Learned counsel for the petitioner petitioner submits that petitioner has falsely been implicated in this case. As a matter of fact, petitioner is neither the driver nor the owner of the tractor in question. No one has sustained any injury. Petitioner has clean antecedent. He further submits that similarly situated co-accused has been granted anticipatory bail by one of the coordinate Bench of this Court in Cr.Misc.No.8166 of 2018.
Learned APP opposed the submissions.
Considering the aforesaid facts and circumstances,
Patna High Court Cr.Misc. No.14770 of 2018 (2) dt.05-04-2018 2/2 prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Gaya in connection with Muffasil P.S.Case No.253 of 2017, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U