Kamla Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64050 of 2018 Arising Out of PS. Case No.-39 Year-2014 Thana- TEKARI District- Gaya ====================================================== Kamla Yadav, S/o Subodh Yadav, R/o Village- Bhikanpur, P.S.- Konch, District- Gaya.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dhirendra Kumar Sinha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 342, 385, 387, 427 and 435 of the Indian Penal Code registered in connection with Tekari P.S. Case No. 39 of 2014.

3. It is submitted that the petitioner has been falsely implicated and he is an old and infirm septuagenarian and he hardly moves with staggering legs by dint of lathi. Admittedly the mobile no. 7766888729 belongs to him but the mobile had lost on 07.10.2013 and owing to lack of knowledge no complaint in this regard was lodged. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six

Patna High Court Cr.Misc. No.64050 of 2018(3) dt.08-01-2019 2/2 weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateVIth, Gaya in connection with Tekari P.S. Case No. 39 of 2014, subject to the conditions as laid down under Section 438 (2) 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 cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) 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.

Ibrar/BT (Vikash Jain, J) U T