Bal Mukund Yadav @ Makun Yadav @ Balmukan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76674 of 2018 Arising Out of PS. Case No.-139 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Bal Mukund Yadav @ Makun Yadav @ Balmukan Yadav son of Late Asharfi Yadav, Resident of Village- Bhand, P.S. Khaira, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 34 IPC registered in connection with Khaira P.S. Case No. 139 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute as the petitioner is the nephew of the informant. There is case and counter case between the parties. The accusation of assault against the petitioner is general and omnibus in nature and the injuries sustained by the informant's side are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Jamui, in connection with Khaira P.S. Case No. 139 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and

Patna High Court Cr.Misc. No.76674 of 2018(2) dt.31-01-2019 2/2 also subject to the following 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 co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. 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. (Vikash Jain, J) Chandran/- U T