Bheem Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20569 of 2018 Arising Out of PS.Case No. -42 Year- 2017 Thana -AGIAUN District- BHOJPUR ======================================================

1. Bheem Yadav S/o Kamlesh Yadav, R/o Vill.- Lasadhi, P.S.- Agiaun (G), District- Bhojpur (Ara).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Agiaun (G) P.S.Case no.42 of 2017, registered for offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation of assault is against one co-accused Kamlesh Yadav and the petitioner is said to be present there. Submission of the learned counsel for the petitioner is that except the fact that the petitioner was present there, there is nothing against him and another accused persons who has fired, has been granted privilege of the anticipatory bail, vide order dated 23.11.2017 passed in Cr. Misc. No.55580 of 2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.20569 of 2018 (2) dt.26-04-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VIIth, Ara in connection with Agiaun (G) P.S.Case no.42 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T