Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33363 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Harendra Yadav S/o Humel Yadav, R/o Vill.- Matihaniya Salehpur, P.S.- Bishambharpur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bishambharpur P.S. case no. 45 of 2018, instituted for the offence under Section(s) 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner was not present on the spot. In the written report, it is alleged that police apprehended one Bolero vehicle which was driven by one Ladan Kumar and one person, namely, Uma Kumar was sitting on the aforesaid vehicle. The driver told before the police that the said vehicle belongs to this petitioner although he did not submit any paper before the police with regard to ownership of the aforesaid vehicle in the name of this petitioner.

Patna High Court Cr.Misc. No.33363 of 2018(2) dt.18-06-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bishambharpur P.S. case no. 45 of 2018, 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 ACJM X, Gopalganj, 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.