Kalpnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9068 of 2018 Arising Out of PS.Case No. -69 Year- 2014 Thana -BISHWAMBHARPUR District- GOPALGANJ ======================================================

1. Kalpnath Yadav, S/o Garjan Yadav, R/o Village- Tola Sipaya, P.S.- Bishambharpur, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Singh For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Bishambharpur P.S. Case No. 69/2014 instituted for the offences under Sections 302/34, 120B and 504 of the Indian Penal Code as well as Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the police did not sent up the petitioner for trial. The petitioner has been summoned to face trial during course of evidence under Section 319 of the Cr.P.C. It has been submitted that similarly situated coaccused persons have already been granted anticipatory bail by the court below itself.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event

Patna High Court Cr.Misc. No.9068 of 2018 (3) dt.23-03-2018 2/2 of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with S.Tr. No. 155/2015, arising out of Bishambharpur P.S. Case No. 69/2014, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper 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.

(Sanjay Priya, J.) Rakhi U T