Pankaj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39836 of 2018 Arising Out of PS.Case No. -184 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Pankaj Yadav Son of late Bhuddhu Yadav@ Buddu Yadav@ Bhuddu Yadav Resident of Village- Fatehpur, P.S. Jagdishpur, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 The petitioner is apprehending his arrest in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 184/2018, registered for offences punishable under Section 302/34 of the Indian Penal Code.
Allegation as per F.I.R. is that the petitioner had gone to the house of the deceased to call him, but the deceased did not come out. Thereafter, other accused person Sohindra Yadav and others called the deceased and he had come and thereafter the dead-body of the deceased was found.
Submission of learned counsel for the petitioner is that the petitioner was not alleged to be the last seen with the deceased and the co-accused, namely, Sohindra Yadav with whom he was last seen has already been granted privilege of anticipatory bail by
Patna High Court Cr.Misc. No.39836 of 2018 (3) dt.07-08-2018 2/3 a co-ordinate Bench of this Court vide order dated 03.08.2018 passed in Cr. Misc. No.41162 of 2018.
Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner by stating that the petitioner has also named in the F.I.R.
Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 184/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (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 shall cooperate in the
Patna High Court Cr.Misc. No.39836 of 2018 (3) dt.07-08-2018 3/3 investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/-amjad U T