Bigan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30476 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -SHAKURABAD District- JEHANABAD ====================================================== Bigan Yadav, Son of Jainandan Yadav, resident of Village - Pokharpar, P.S. Belaganj, District - Gaya.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Varma For the Opposite Party/s : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Shakurabad P.S. Case No. 129 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 341, 379, 307, 448, 506 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that there is specific allegation in the written report against co-accused Shambhu Yadav of causing gun shot injury on the right shoulder of Rajendra Yadav, maternal father-in-law of the informant. In the written report there is no allegation of any specific overt act against the petitioner.
It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.
Patna High Court Cr.Misc. No.30476 of 2018 (3) dt.29-06-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Shakurabad P.S. Case No. 129 of 2017, 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 learned Additional Chief Judicial Magistrate-I, Jehanabad, subject to the conditions as laid down under Section 438 (2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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) S.Ali/- U T