Ganeshi Yadav @ Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60399 of 2022 Arising Out of PS. Case No.-167 Year-2017 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== GANESHI YADAV @ GANESH YADAV S/O NATHU YADAV Resident of Manowar, P.S.- Mahishi (Jalai O.P.), District- Saharsa.... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

URMILA DEVI W/O BHAJAN YADAV Resident of Manowar, P.S.- Mahishi (Jalai O.P.), District- Saharsa.

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

For the Petitioner/s :

Mr.Sanjeev Verma For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.167-C of 2017 arising out of Mahishi (Jalai O.P.) P.S. Case No.74 of 2004 registered under Sections 363 and 365 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that similarly situated co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 28.09.2018 passed in Cr.Misc.No.56626 of 2018 (Annexure 3 to this petition).

Having considered the fact that similarly situated co-

Patna High Court CR. MISC. No.60399 of 2022(2) dt.03-01-2023 2/2 accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide Annexure 3, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Saharsa in connection with Complaint Case No.167-C of 2017 arising out of Mahishi (Jalai O.P.) P.S. Case No.74 of 2004, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and also subject to the following further conditions:- (i) That one of the bailors shall be a close relative of the petitioner;

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial;

(iii) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

Harish/- (Arvind Srivastava, J) U T