Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61585 of 2018 Arising Out of PS. Case No.-391 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== Anil Yadav, Son of Ram Bilash Yadav, Resident of Village- Pokhara, P.S. Magadh Medical, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Veer For the Opposite Party/s :

Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Bodh Gaya (Cherki) P.S. Case No. 391 of 2017 registered for the offence punishable under Sections 342, 323, 326, 307, 120B/34 of the Indian Penal Code.

Informant in his written complaint has stated that when he was going to Sohan Bigha at about 9:30 pm where petitioner and Dharmendra Yadav were sitting in BOLERO vehicle and when they saw him they forcibly pulled him in the BOLERO vehicle and started assaulting. He has further stated that Dharmendra Yadav fired on his chest from his pistol. It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely implicated in this case. Petitioner has got no criminal antecedent

Patna High Court Cr.Misc. No.61585 of 2018(3) dt.02-11-2018 2/3 and is in custody since 23.06.2018.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that the petitioner named above be released on bail after completing six months of custody in jail, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Gaya, in connection with Bodh Gaya (Cherki) P.S. Case No. 391 of 2017, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

Patna High Court Cr.Misc. No.61585 of 2018(3) dt.02-11-2018 3/3 Subject to the aforementioned observation and direction, this application is disposed of.

(S. Kumar, J) ranjan/- U