Ram Dayal Yadav @ Nangidaria v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45822 of 2017 Arising Out of PS.Case No. -20 Year- 2010 Thana -GADHPURA District- BEGUSARAI ======================================================

1. Ram Dayal Yadav @ Nangidaria, S/o Late Ram Sudhari Yadav, resident of village- Sabhaypura, P.S.- Hasanpura, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Garhpura P.S. Case No.20 of 2010 instituted for the offence under Section(s) 307/34 Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substance Act.

Counsel for the petitioner has submitted that he is not named in the First Information Report. His name has come in the confessional statement of co-accused, Lalu Rai, who has already been granted bail by this Court.

From the written report, it appears that it is against unknown. Injury Report of Nandan Thakur has been enclosed as Annexure-2 from which it appears that the he has sustained

Patna High Court Cr.Misc. No.45822 of 2017 (3) dt.17-02-2018 2/2 simple injuries.

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 Garhpura P.S. Case No.20 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 Chief Judicial Magistrate, Begusarai, 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