Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60585 of 2018 Arising Out of PS.Case No. -238 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Rajesh Yadav, S/o Ram Gulam Yadav, R/o Vill. - Bhatodia, P.S. - Madhusudanpur, District - Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 337, 379 and 353 of the Indian Penal Code. The informant, who is Mining Development Officer, intercepted a truck which was carrying sand after illegal mining. A mob of 10 to 15 started pelting stone on the informant. Two were identified and are named in the FIR. Petitioner is not named in the FIR. Name of the petitioner has surfaced during investigation of the case. Petitioner has stated on oath that he has got no criminal antecedent.
Considering the nature of allegation and material as discussed above, let the petitioner, above named, in the event of
Patna High Court Cr.Misc. No.60585 of 2018 (4) dt.05-11-2018 2/2 his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Nathnagar (Madhusudanpur) Police Station Case No. 238 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Kundan/- U T