Dokhai Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52533 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- CHHATAPUR DistrictSupaul ====================================================== DOKHAI YADAV @ Dhokaye Yadav, aged about 45 years, male, Son of Late Kailu Yadav Resident of Village-Dahariya, P.S.-Chhatapur, District-Supaul. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Amrit Abhijat, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 307, 147, 148, 149, 323, 324 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Chhatapur P.S. Case No. 116 of 2019.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute in which two Title Suit Nos. 185 of 2018 and 05 of 2019 are pending between the parties. There is case and counter case between the parties. The petitioner is accused of having assaulted the informant with farsa but in any event the injuries are simple in nature. The petitioner claims clean antecedents.
4. Be that as it may, 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
Patna High Court CR. MISC. No.52533 of 2019(2) dt.22-08-2019 2/2 to the satisfaction of learned Additional Chief Judicial MagistrateIV, Supaul in connection with Chhatapur P.S. Case No. 116 of 2019, subject to the conditions as laid down 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 cooperate 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) That 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.
(Vikash Jain, J) Ibrar//- U T