Vishal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68964 of 2018 Arising Out of PS. Case No.-153 Year-2015 Thana- DARAUNDA DistrictSiwan ====================================================== Vishal Kumar Yadav S/o-Punya Deo Yadav, R/o Village- Dinapatti, P.S.- Tarwara, District-Siwan.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anjani Parashar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 395 and 397 of the Indian Penal Code registered in connection with Daraunda P.S. Case No. 153 of 2015.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the F.I.R. His name has transpired only on the confessional statement of co-accused Pintu Kumar who was arrested three years after the alleged occurrence, except which there is no other material to connect the petitioner with the alleged occurrence. No recovery has been made from the possession of the petitioner who claims clean antecedents.

4. Be that as it may, 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

Patna High Court Cr.Misc. No.68964 of 2018(3) dt.01-02-2019 2/2 to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Daraunda P.S. Case No. 153 of 2015, 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, 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) Ibrar//- U T