Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82028 of 2019 Arising Out of PS. Case No.-508 Year-2015 Thana- MAJHAULIA District- West Champaran ====================================================== VIJAY YADAV S/o- Late Himanchal Yadav Resident of Village- Birawa, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy, Advocate.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 447, 427, 379 and 504 of the Indian Penal Code.

There is counter case which would reveal that petitioner and others were involved in murder of father of the informant.

Submission is that the occurrence took place in

Patna High Court CR. MISC. No.82028 of 2019(2) dt.23-01-2020 2/3 West Champaran whereas F.I.R. was lodged with Sugauli police station in East Champaran. 17 persons are named in the F.I.R., however allegation against the petitioner, who is informant of the counter case, is that he assaulted with farsa causing injury on the head of the informant. The present false F.I.R. has been lodged after two days of the occurrence in a concocted manner just to save skin from the counter case. Considering the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Majhaulia P.S. Case No. 508 of 2015, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below

Patna High Court CR. MISC. No.82028 of 2019(2) dt.23-01-2020 3/3 shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T