Uday Kumar @ Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44405 of 2018 Arising Out of PS.Case No. -52 Year- 2010 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Uday Kumar @ Uday Yadav, son of Ashok Yadav, resident of VillageSarkuna, P.S. Dulhin Bazar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Dulhin Bazar P.S. Case No.52 of 2010 instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that there is specific allegation of making firing against Ket Narain Yadav. The police after investigation submitted final form against the petitioner, but cognizance has been taken against this petitioner also.

It has further been submitted that petitioner is working in CRPF and he was not present at the place of occurrence.

It is mentioned in para 3 of the bail petition that

Patna High Court Cr.Misc. No.44405 of 2018 (3) dt.01-08-2018 2/2 petitioner has clean antecedents.

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 Dulhin Bazar P.S. Case No.52 of 2010, 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 Additional Chief Judicial Magistrate-III, Danapur, Patna, 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) JA/- U T