Baidyanath Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64055 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- SUGAULI District- East Champaran ======================================================
1. Baidyanath Yadav S/o Late Satyanarayan Yadav, R/o Vill Kekarwa, P.S. Sugauli Dist. E. Champaran.
2. Kaushalya Devi, W/o Late Jildar Pandit, R/o vill Godigawa, P.S. Sugauli Dist. East Champaran.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Dhannjay Kumar No 2, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 302, 120(B)/34 of the Indian Penal Code registered in connection with Sugauli P.S. Case No. 06 of 2018.
3. It is submitted that the petitioners have been falsely implicated on mere suspicion, except which there is no other material to connect the petitioners with the alleged occurrence. The case of the petitioners stand of better footing than co-accused Guddu Kumar with whom the deceased is said to have accompanied the night prior before the alleged occurrence and who has been granted anticipatory bail by this Court in Cr. Misc. No. 60656 of 2018. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest
Patna High Court Cr.Misc. No.64055 of 2018(3) dt.15-02-2019 2/2 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran at Motihari in connection with Sugauli P.S. Case No. 06 of 2018 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 petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves 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 no. 1 shall remain physically present and petitioner no. 2 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T