Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45722 of 2018 ======================================================

1. Subhash Yadav, Son of Fakira Yadav, Resident of Village- Numar, P.S.- Barhat, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Barhat P.S.Case No.25 of 2018 , registered for offences punishable under Sections 379, 353, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that the police raided at the place of occurrence and seven sand loaded tractors were seized and some of them fled away and later on villagers assembled there and they also got the other tractors freed, however, in that course mobile was recovered and that mobile was of the driver of petitioner.

Submission of the learned counsel for the petitioner is that except that mobile of the driver of the petitioner there is nothing against him.

Patna High Court Cr.Misc. No.45722 of 2018 (2) dt.07-08-2018 2/2 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 arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist class, Jamui in connection with Barhat P.S.Case No.25 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall 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.

(iii) 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. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T