Mahendra Singh @ Mahendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36430 of 2016 Arising Out of PS.Case No. -3 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictJEHANABAD ====================================================== Mahendra Singh @ Mahendra Yadav, Son of Jagdish Yadav (wrongly mentioned in the prosecution report as Deoki Yadav), Resident of Village- Jogiya Simra, P.S.- Belaganj, District- Gaya. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bindhayachal Singh, Mr. Umesh Kumar, Advocates For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Section 33 of the Indian Forest Act registered in connection with Forest Case No. 03 of 2012, Tr. No. 493 of 2016.
3. It is submitted that the petitioner has been falsely implicated as having been mistaken as the accused person who is son of Deoki Yadav whereas petitioner is the son of Jagdish Yadav and a Panchayat Teacher in the Government Middle School, Simra, Block Belaganj, District Gay since 2003. It is submitted that the petitioner, in other case in which he was made an accused on the same day in Forest Case No. 01 of 2012, had been granted anticipatory bail by this Court in Cr. Misc. No. 33561 of 2016.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or
Patna High Court Cr.Misc. No.36430 of 2016 (2) dt.17-09-2016 2/2 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 bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri A.K. Shukla, learned Judicial Magistrate Ist Class, Jehanabad in connection with Forest Case No. 03 of 2012, Tr. No. 493 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and 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)The petitioner shall cooperate with the investigation 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) 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. (Vikash Jain, J) B.T/Chandran U T