Dilip Yadav @ Dilip Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41578 of 2017 Arising Out of PS.Case No. -123 Year- 2014 Thana -KURSELA District- KATIHAR ====================================================== Dilip Yadav @ Dilip Kumar Yadav, S/o- Late Hriday Narayan Yadav, Resident of Village- Kursela, P.S.- Kursela, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kursela P.S. Case No. 123 of 2014 instituted for the offence under Sections 406, 420 and 120(B) of the Indian Penal Code. There is allegation in the First Information Report that complainant transported maize worth Rs.4,00,000/- through the Agency of the petitioner to Begusarai, but the material could not reach to the destination.

Learned counsel for the petitioner has submitted that now matter has been settled between the parties and a compromise petition has also been filed in the court below (Annexure-3). Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.41578 of 2017 (2) dt.12-09-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kursela P.S. Case No. 123 of 2014, he shall 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 learned Judicial Magistrate, 1st Class, Katihar, 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) S.Ali/- U T