Bijali Yadav @ Bijili Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11850 of 2017 Arising Out of PS.Case No. -257 Year- 2012 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. BIJALI YADAV @ BIJILI YADAV Son of Late Dhanesh Yadav, Resident of Village- Chaumukha, Police Station- Jogapatti, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Randhir Kumar No-1 For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 The petitioner is apprehending his arrest in connection with Jogapatti P.S. Case No. 257 of 2012, registered for offences punishable under Sections 302, 120B, 504 and 34 of Indian Penal Code and Section 27 of the Arms Act.

It has been submitted on behalf of the petitioner that save and except the allegation that petitioner is order giver/instigator, there is no allegation so as to suggest his involvement in the present case. Moreover, the police after investigation has submitted final form finding the case not true against the petitioner, however, learned Magistrate, differing with the final form took cognizance against the petitioner.

Heard learned A.P.P.

Patna High Court Cr.Misc. No.11850 of 2017 (2) dt.22-03-2017 2/3 Having heard both sides, in view of the fact that only allegation against the petitioner is that he is a order giver/instigator and except that there is no allegation against the petitioner and also the police after investigation submitted final form not finding the case true against the petitioner, 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 CJM, West Champaran, Bettiah in connection with Jogapatti P.S. Case No. 257 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(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.11850 of 2017 (2) dt.22-03-2017 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U