Kaushal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87489 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== Kaushal Yadav, aged about 25 years, Male, Son of Anil Yadav @ Anik Yadav, Resident of Village - Manniyari, P.S.- Kauakol, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kauakol P.S. Case No. 169 of 2019 registered for the offences punishable under Sections 363, 364, 302 of the Indian Penal Code.

The F.I.R. weas lodged on missing of the husband of the informant. After two months, dead body of the victim was recovered and two other persons, apprehended by the police, confessed before the police where name of the petitioner surfaced. Petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.87489 of 2019(4) dt.20-02-2020 2/3 material to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law. Learned counsel for the petitioner submits that on the basis of confessional statement of the co-accused, namely, Anuj Yadav before the police, there is no other material against the petitioner. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by this Co-ordinate Bench of this Court vide order dated 23.01.2020 passed in Cr. Misc. No.80052 of 2019. In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Kauakol P.S. CaKaushal Yadav, subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as subject to the following conditions :- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.87489 of 2019(4) dt.20-02-2020 3/3 jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the trial court.

(Anjani Kumar Sharan, J) Nasimul/- U T