Nand Kishore Yadav @ Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45799 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -SABAUR District- BHAGALPUR ====================================================== Nand Kishore Yadav @ Nandu Yadav, Son of Late Jatto Yadav, R/o Village- Fajilpur, P.S.- Goradih, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sabour (Goradih) P.S. Case No. 53 of 2017 instituted for the offence under Sections 147, 149, 341, 323, 342, 354(A), 354(b), 355, 307, 504, 506, 509 of the Indian Penal Code and Section 3(iii)(xi) of SC/ST Act.

As per Fardbeyan, it is alleged that on direction of this petitioner, co-accused Bajrangi Thakur committed overt act with the informant as mentioned in the written report. As such, there is no allegation of specific overt act against this petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.45799 of 2017 (3) dt.11-10-2017 2/2 weeks from today, in connection with Sabour (Goradih) P.S. Case No. 53 of 2017, 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 2nd Additional District & Sessions Judge-cum-Special Judge, Bhagalpur, 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