Bigul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21224 of 2018 Arising Out of P.S.Case No. -127 Year- 2016 Thana -MANSI District- KHAGARIA ====================================================== Bigul Yadav Son of Bindodi Yadav resident of Village - Chukti, Police Station - Mansi, District Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard.

The petitioner apprehends arrest in connection with Mansi P.S.Case No.127 of 2016 registered for an offence under Sections 302 and 120(B)/34 of the IPC.

It has been submitted that in course of investigation some of the spy disclosed the name of three persons before police. Two FIR named accused, namely, Manju Devi and Balwant Kumar have also been allowed anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.51583 of 2016 and Cr.Misc.No.10635 of 2017. The case of this petitioner stands on similar footing who is neither named in the FIR nor any incriminating material has been recovered against him. The learned APP opposed the submissions.

Patna High Court Cr.Misc. No.21224 of 2018 (2) dt.03-05-2018 2/2 Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today 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 CJM, Khagaria in connection with Mansi P.S.Case No.127 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T