Balendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24484 of 2018 Arising Out of PS.Case No. -84 Year- 2015 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Balendra Prasad son of Shiv Balak Yadav resident of village - Dihra, P.S. - Chandi, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sucheta Yadav For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 The petitioner is apprehending his arrest in connection with Ekangarsarai P.S. Case No. 84/15, registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Petitioner is not named in the F.I.R, his name transpired during course of investigation and his hand as well as the hand in the murder of son of informant was suspected. It has been submitted on behalf of the petitioner that he has been made accused in this case only on the basis of suspicion and except that there is nothing against the petitioner and other coaccused person has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 18.02.2016 passed in Cr. Misc. No. 210 of 2016.

Patna High Court Cr.Misc. No.24484 of 2018 (3) dt.16-05-2018 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case as well as the fact that other co-accused has already been granted the privilege of anticipatory bail, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Hilsa in connection with Ekangarsarai P.S. Case No. 84/15, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without

Patna High Court Cr.Misc. No.24484 of 2018 (3) dt.16-05-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T