Amit Kumar Yadav @ Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14828 of 2016 Arising Out of PS.Case No. -84 Year- 2014 Thana -KHUTAUNA District- MADHUBANI ====================================================== Amit Kumar Yadav @ Amit Yadav, son of Barun Kumar Yadav @ Barun Yadav, resident of village Kolahata, P.S. Khutauna, (Calmaniya O.P.), District Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Khutauna P.S.Case No. 84/2014, disclosing offences under section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that he is not named in the First Information Report and his name has surfaced on the basis of confessional statement of a co-accused, Chandan Kumar Yadav, made before the police. He further submits that the said Chandan Kumar Yadav took the petitioner's name as he is on inimical terms with the petitioner. He has also submitted that the petitioner shall always present himself before the police as and when required, if granted privilege of anticipatory bail. The

Patna High Court Cr.Misc. No.14828 of 2016 (2) dt.05-05-2016 petitioner has no criminal antecedent, as has been stated in paragraph no.3 of the application.

Considering the facts and circumstances, nature of accusation and the submissions advanced on behalf of the petitioner, this application is allowed.

Let 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 A.C.J.M., Jhanjharpur, District Madhubani in Khutauna P.S.Case No. 84/2014, corresponding to G.R.No. 1656/2014, subject to the conditions as laid down under section 438(2) 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) Surendra/- U