Dharamveer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59035 of 2017 Arising Out of PS.Case No. -223 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Dharamveer Yadav Son of Mosafir Yadav Resident of Village - Ganga Sagar, Police Station- Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Makhdumpur (Tehta O.P.) P.S. Case No. 223 of 2015 instituted for the offence under Sections-302/34 of the Indian Penal Code.

From the written report, it appears that the petitioner is an order giver. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent.

Counsel for the informant has appeared and opposed the prayer for anticipatory bail.

From the written report, it appears that besides being order giver, there is no allegation of overt act against the petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.59035 of 2017 (2) dt.12-12-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Makhdumpur (Tehta O.P.) P.S. Case No. 223 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Jehanabad subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T