Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51001 of 2017 Arising Out of PS.Case No. -461 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Sanjay Kumar Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bhabua P.S. Case No. 461 of 2017 instituted for the offence under Sections-419, 420, 34 of the Indian Penal Code.

It is alleged in the written report that in place of this petitioner, one Pappu Yadav was found writing in the supplementary examination of matric examination.

It has been submitted that he was not present on the spot and there is no any specific allegation of overt act against him. The other co-accused namely, Amar Singh Yadav with similar allegation has been granted anticipatory bail by coordinate bench of this court vide order dated 17-10-2017 passed in Cr. Misc. No. 46222 of 2017. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on

Patna High Court Cr.Misc. No.51001 of 2017 (2) dt.03-11-2017 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhabua P.S. Case No. 461 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T