Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71228 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- PHULPARAS DistrictMadhubani ====================================================== Shambhu Yadav Son of Shobha Lal Yadav, Resident of VillageSishwabarhi, P.S.- Phulparas District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 504, 506, 307 IPC and Section 27 of the Arms Act registered in connection with Phulparas P.S. Case No. 132 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is no accusation of any assault committed by the petitioner. The thrust of accusation of having fired is on co-accused Sunil Yadav, who said to have fired upon the informant. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, 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 to the satisfaction of learned ACJM IInd, Jhanjharpur at Madhubani, in connection with Phulparas P.S. Case No. 132 of 2018, subject to the conditions as laid down

Patna High Court Cr.Misc. No.71228 of 2018(3) dt.18-01-2019 2/2 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) That the petitioner shall co-operate 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.

Chandran/- (Vikash Jain, J) U T