Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48220 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -BANDIYA District- AURANGABAD ======================================================

1. Mahesh Yadav S/o Karu Yadav Resident of Village- Chand Bigha, P.S. Rafiganj, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. B.Shankar For the Opposite Party/s : Mr. Arvind Kumar Pandey. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 Heard the parties.

Petitioner is apprehending his arrest in Bandeya P.S.Case No.12 of 2017 registered for the offences under Sections 353, 385, 341, 323, 427, 435, 504, 506, 34 of the I.P.C. and Section 17 of Criminal Law Amendment Act.

Petitioner is not named in the F.I.R. against whom allegation is of damaging poklain machine by setting on fire. Submission of the learned counsel for the petitioner is that name of the petitioner transpired in course of investigation on confessional statement of co-accused, namely, Saryu Ram and, as such, there is no allegation against the petitioner. Though petitioner is accused in two cases of land dispute. Further submission is that similarly situated co-accused, Shankar Yadav, t

Patna High Court Cr.Misc. No.48220 of 2018 (2) dt.23-08-2018 2/2 has already been granted privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 19.12.2017 passed in Cr.Misc. No.58150 of 2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M.,Daudnagar, Aurangabad, in Bandeya P.S. Case No.12 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) AnilKrSinha/- U