Jambant Yadav @ Jamwant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15904 of 2016 Arising Out of PS.Case No. -150 Year- 2013 Thana -SIMRI District- BUXAR ====================================================== Jambant Yadav @ Jamwant Yadav, Son of Late Bhulan Yadav, Resident of Village - Rajapur (Beni Lal Ka Dera), Police Station - Simri, District - Buxar .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Roy, Advocate For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Simri P.S. Case No. 150 of 2013, disclosing offences under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the Police upon completion of investigation have submitted final report and have not sent up the present petitioner for trial. Learned Chief Judicial Magistrate, Buxar, however, differing with the Police report has taken cognizance of the offence and issued summons to the petitioner also and, therefore, the petitioner

Patna High Court Cr.Misc. No.15904 of 2016 (3) dt.05-05-2016 2/2 apprehends his arrest.

It has been submitted that the other co-accused persons have been granted regular bail by this Court. Considering the submission that the Police have not sent up the present petitioner for trial, after completion of investigation, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No. 150 of 2013, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T