Gyani Yadav @ Gyani Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4553 of 2015 Arising Out of PS.Case No. -324 Year- 2014 Thana -WAJIRGANJ District- GAYA ====================================================== Gyani Yadav @ Gyani Kumar Yadav S/o Jamun Yadav Resident of villagePathra, P.S. Mohanpur, Dist. Gaya. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhimanyu Sharma For the Opposite Party : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27-05-2015 Heard both sides.

Sole petitioner apprehends his arrest in connection with Wazirganj P.S. 324 of 2014 registered under Sections 395 and 412 of the IPC.

On the relevant night, the truck loaded with wooden logs was looted, the driver of the vehicle became the informant. Three persons were named therein. All the three persons named in the FIR were apprehended have made certain statement. The name of the petitioner does not transpire till then. Subsequently three accused persons were arrested and they appear to have in their respective confessional statement named the petitioner as one of the associates.

Learned counsel for the petitioner submits that apart from the confessional statement there is absolutely nothing to

Patna High Court Cr.Misc. No.4553 of 2015 (3) dt.27-05-2015 2/3 incriminate the petitioner in the alleged crime. Learned APP, on going through the case diary has submitted that three accused persons in their respective statement have named the petitioner.

Considering the aforesaid as also the fact that the petitioner has no criminal antecedent, I am persuaded to privilege the petitioner with anticipatory bail. Let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. case no. 324 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. with following conditions:- (i) One of the bailors shall be the own/close family members of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default

Patna High Court Cr.Misc. No.4553 of 2015 (3) dt.27-05-2015 3/3 in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T