Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42622 of 2016 ====================================================== Sanjay Yadav, Son of Chandradeo Yadav, Resident of Village- Araria, P.S.- Parbatta, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate For the State : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 160, 353 and 307 of the Indian Penal Code and sections 25(1-B)A/26/27/35 of the Arms Act. It has been submitted that nothing has been recovered from the conscious possession of the petitioner. However, there is allegation of firing against the petitioner but he escaped from the place of occurrence when the police party reached. It is further submitted that the co-accused persons, who were apprehended, have already been granted bail by different Coordinate Benches of this Court vide orders dated 22.04.2016 and 20.08.2016 passed in Criminal Miscellaneous Nos. 16226 of 2016 and 34356 of 2016, respectively, as contained in Annexure 2 series. The petitioner

Patna High Court Cr.Misc. No.42622 of 2016 (2) dt.04-10-2016 claims that his antecedent is clean.

Having regard to the facts and the circumstances of the case, the petitioner, Sanjay Yadav, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Parbatta(Madia) Police Station Case No. 43 of 2016 with a further condition that one of the bailors of the petitioner must be his close relative or family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with him. Further, if the petitioner, after his release in this case, is again found to be involved in a criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

Patna High Court Cr.Misc. No.42622 of 2016 (2) dt.04-10-2016 prior to filing of affidavit in this application, i.e., 19.09.2016, then he would not be released.

(Dr. Ravi Ranjan, J) SC/- U T