Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33371 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== Raju Yadav S/o Veeru Yadav, R/o Laxmipur, P.S.- Jainagar, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Chaubey Jawahar ====================================================== 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 Jainagar P.S. case no. 02 of 2018, instituted for the offence under Section(s) 413, 414, 420, 467, 468, and 471 of the Indian Penal Code. In the written report it is alleged that police recovered one motorcycle as mentioned in the written report from the possession of Sanjay Nayak. He disclosed before the police that he purchased the aforesaid motorcycle from the petitioner. Thereafter, the police searched the house of this petitioner and recovered two motorcycles as mentioned in the written report

Patna High Court Cr.Misc. No.33371 of 2018(2) dt.18-06-2018 2/3 and prepared the seizure list. The petitioner could not produce any document relating to ownership of the motorcycle and fled away. The seizure list of the aforesaid motorcycles is part of the FIR from which it appears that seizure list prepared of those motorcycles alleged to have been recovered from the possession of petitioner does not bear either the signature of the petitioner or his family members.

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 Jainagar P.S. case no. 02 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 learned SDJM, Madhubani, 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

Patna High Court Cr.Misc. No.33371 of 2018(2) dt.18-06-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T