Dinanath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35676 of 2019 Arising Out of PS. Case No.-86 Year-2011 Thana- GOH District- Aurangabad ====================================================== Dinanath Yadav (M), aged about 47 years, S/o Late Mahepat Yadav, R/o village- Sima, P.S.- Pauthu, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Goh P.S. Case No. 86 of 2011 registered under Sections 147 to 149, 342, 323, 379, 384, 435 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act. It is submitted that the petitioner has been falsely implicated and his name has transpired on the extra-judicial confession of co-accused Mritunjay Mishra about 17 months after the alleged occurrence. The petitioner was not aware about the case and when the police finally got activated, it is only recently the police has visited the house of the petitioner leading to apprehension of his arrest. It is further stated that in one prior case in which he was made accused, he has been granted bail

Patna High Court CR. MISC. No.35676 of 2019(2) dt.11-06-2019 2/3 with the condition pursuant to which he himself has been presenting before the Superintendent of Police, Aurangabad regularly.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Daudnagar, in the district of Aurangabad in connection with Goh P.S. Case No. 86 of 2011, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and with further conditions :

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned court concerned.

(iv) That the petitioner shall cooperate with the

Patna High Court CR. MISC. No.35676 of 2019(2) dt.11-06-2019 3/3 investigation, if not already concluded, and made himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T