Bhutush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46502 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -DHARHARA District- MUNGER ======================================================

1. BHUTUSH YADAV son of Ramrati Prasad Yadav resident of Mohalla - Adampur, P.S. - Safiabad, District - Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sri Matloob Rab, APP 34 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Dharhara P.S. Case No. 25 of 2018, instituted for the offences punishable under Sections 302, 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. There is no allegation of any specific overt act against this petitioner. It is submitted that the brother of the deceased Pappu Sharma @ Binay Sharma was arrested. He disclosed the name of this petitioner in his confessional statement. Except confessional statement of coaccused Pappu Sharma, there is nothing against this petitioner. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.46502 of 2018 (2) dt.23-08-2018 2/2 the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dharhara P.S. Case No. 25 of 2018, 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 the learned A.C.J.M.- Ist, Munger, subject to the conditions as laid down under Section 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 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 tamper 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.)