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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58161 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Upendra Yadav @ Upendra Kumar Yadav, Son of Late Nand Kumar Singh, Resident of village- Pokhrahan, P.S.- Nasriganj, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Nasriganj P.S. Case No. 167 of 2017 instituted for the offence under Sections 306,419,420,34 of the IPC.

Counsel for the petitioner has submitted that from the written report, it is apparent that entire money was paid by the father of the informant to Birendra Singh and Ful Badan Kunwar. It is alleged in the written report, that petitioner is only mediator between the father of the informant and Birendra Singh. In the statement it is alleged that Birendra Singh received the entire money and did not execute the sale deed and on 8.8.2017 in the night, the informant found his father hanging from the roof and died.

Patna High Court Cr.Misc. No.58161 of 2017 (2) dt.11-12-2017 2/2 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nasriganj P.S. Case No. 167 of 2017 to the satisfaction of learned S.D.J.M., Bikramganj 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.