Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17793 of 2018 Arising Out of PS. Case No.-370 Year-2016 Thana- SHEKHPURA District- Sheikhpura ====================================================== Guddu Yadav Son of Maheshwary Yadav Resident of Village- Matokhar, Police Station-Sheikhpura, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sheikhpura P.S. case no. 370 of 2016 instituted for the offence under Section(s) 147,148, 149, 341, 323, 307, 386 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of this petitioner has come during investigation in the case diary in the supervision note of the police. Not a single word has been mentioned in the FIR against the petitioner. There is no allegation of specific overt act in the case diary against this petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.17793 of 2018(3) dt.11-05-2018 2/2 of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sheikhpura P.S. case no. 370 of 2016, 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 learned CJM Sheikhpura, 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 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) shyambihari/- U T