Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9686 of 2018 Arising Out of PS. Case No.-344 Year-2017 Thana- KHARAGPUR District- Munger ====================================================== Dinesh Yadav S/o Sri Punai Yadav, Resident of Village-Kusmar, P.S.- Sangrampur, District-Munger ... Petitioner

Versus

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

For the Petitioner :

M/s Subodh Kumar Jha & Krishna Kumar, Advs.

For the Opposite Party :

Mr. Chandeshwar Prasad Singh, APP 151 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard the parties.

This is a petition for grant of anticipatory bail for offences under Sections 302, 201 and 34 of the Indian Penal Code.

It is alleged in the written report that dead body of the husband of the informant was found near the bush near the block office, Kharagpur. The informant has further alleged that co-accused, Sanjay Yadav had come to her house searching her husband and stayed in the room for some hours. He had told that he has to take signature from Ram Mandal (now deceased), her husband, for registration of land. It has further been alleged that two days prior to the occurrence Sanjay Kumar @ Sanjay Yadav had come along with one Krishnadeo Sah in connection with aforesaid land.

Learned counsel for the petitioner has submitted that this petitioner had no concern with the aforesaid transaction of the land. Sanjay Kumar @ Sanjay Yadav has already been

Patna High Court Cr.Misc. No.9686 of 2018(4) dt.26-03-2018 2/2 granted anticipatory bail by the Court vide order, dated 27.02.2018 passed in Cr. Misc. No. 9350 of 2018. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kharagpur P.S. Case No. 344 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureteis of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IV, Munger, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code with further conditions : (1) bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned. (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the Court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tempers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.