Yogendra Yadav @ Jago Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44578 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- BACHWARA District- Begusarai ====================================================== Yogendra Yadav @ Jago Yadav son of Late Mahavir Yadav resident of village - Narepur Diyara, Ward No. 14, Shravan Tol, P.S. Bachhawara, Distt. Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party :

Mr. Dashrath Mehta, APP 157 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with Bachhawara P.S. Case No. 13 of 2018 registered for offences punishable under Sections 307 and 386/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation, as per first information report, is that on the order of the petitioner one co-accused has fired on the informant causing injury.

Submission of the learned counsel for the petitioner is that except assigning the role of order giver, there is nothing against the petitioner and the first information report, itself, shows that there is case and counter case.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail

Patna High Court Cr.Misc. No.44578 of 2018(2) dt.30-07-2018 2/2 on furnishing bail bond of Rs. 25,000/- (rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Begusarai, in connection with Bachhawara P.S. Case No. 13 of 2018 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as 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 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 observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T