Mithilesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58194 of 2015 Arising Out of PS.Case No. -364 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Mithilesh Yadav S/O Baleshwar Yadav R/O Village Rajwari, P.S.- Town, District- Aurangabad (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishore Prasad, Advocate For Informant : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, A..P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor appearing on behalf of the State.
This application for grant of anticipatory bail arises out of Aurangabad (Town) P.S. Case No. 364 of 2015, disclosing offences under Sections 147,341,323,379,504 and 504 of the Indian Penal Code.
The informant is said to be a Journalist associated with "Fast News India" as also a contractor for executing the work under Rajiv Gandhi Rural Electrification Scheme. Allegedly, he was carrying some money while riding a motorcycle when one Sunita Kumari is said to have intercepted and upon a call given by
her several persons including the present petitioner came. They are said to have abused the informant and snatched a sum of Rs. 15,000/-.
Learned counsel for the petitioner submits that the implication of the petitioner is absolutely malicious. He further submits that accusation is false and prosecution case is highly improbable.
Learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that others have been granted regular bail by the Court below. Considering the facts and circumstances of the case and that fact that other co-accused persons have been granted bail by the Court below, this application is allowed. the petitioner abovenamed, in the event of his arrest/surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Aurangabad (Town) P.S. Case No. 364 of 2015, subject to the conditions as laid down under Section 438 of the Cr.P.C.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and
when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U