Patna High Court - Orders
Gopal Yadav vs The State Of Bihar on 6 April, 2018
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12462 of 2018
Arising Out of PS. Case No.-33 Year-2013 Thana- CHANAN District- Lakhisarai
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Gopal Yadav, Son of Masudan Yadav, Resident of Village-Mahuliya, P.s.-
Chanan, Districr-Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the Opposite Party/s : Mr.Ram Sumiran Roy
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 06-04-2018Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Chanan P.S. Case No. 33 of 2013, instituted for the offence under Sections 147,148,149,302,307,120B of the IPC and Section 27 of the Arms Act and Section ¾ of the Explosive Substance Act, Sections 150,151,152 of the Railway Act and Section 16,18B and 20 of the Unlawful Activities(Preventive) Act, 1967.
Counsel for the petitioner has submitted that he is not named in the written report. The name of this petitioner has come in the confessional statement of co-accused Birendra Kora. He has further submitted that one of the co-accused Ramdeo Yadav @ Gongu Yadav with similar allegation has already been granted anticiaptory bail by this Court vide order dated 03.11.2015 passed in Cr. Misc. No. 21962 of 2015. Patna High Court Cr.Misc. No.12462 of 2018(3) dt.06-04-2018 2/2 From the written report, it appears that the case has been registered against 100 unknown terrorist. No TIP has been made in the case. Petitioner has been implicated in this case only on the basis of confessional statement of co-accused Birendra Kora.
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 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Chanan P.S. Case No. 33 of 2013 to the satisfaction of the learned Railway Judicial Magistrate, Kiul, Lakhisarai, 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/-
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