Patna High CourtCR. MISC./41292/2017bail granted

Congress Yadav v. The State Of Bihar

2017-09-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41292 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -DHARHARA District- MUNGER ====================================================== Congress Yadav, son of Bhubneshwar Yadav @ Bhuneshwar Yadav, Resident of Village - Chhoti Govindpur, Police Station - Jamalpur, District - Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dharhara P.S. Case No. 49 of 2016 instituted for the offence under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that petitioner is not named in the written report. The name of the petitioner has surfaced in the confessional statement of co-accused Heera Sinha as mentioned in paragraph-86 of the case diary.

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 Dharhara P.S. Case No. 49

Patna High Court Cr.Misc. No.41292 of 2017 (2) dt.08-09-2017 2/2 of 2016, 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-II, Munger, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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