IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19151 of 2011
Bipin Yadav S/o Phuleshwar Yadav R/o Village-Choutara,
P.S. Shambhuganj, District-Banka.
--Petitioner
Versus
The State Of Bihar --Opp.party
For the Petitioner : Mr. Sanjay Kumar
For the State : Mr. Damodar Pd. Tiwary,
APP
4 06.09.2011
Heard learned counsel for the
petitioners, learned Additional Public Prosecutor
for the State and learned counsel for the
informant.
The petitioner is named accused in this
case with allegation of being present at the spot
with fire arms but never used. Submission is that
under similarly situated circumstances, co-
accused Pankaj Yadav and Amit Yadav had
alreadyd been granted the privilege by this court
by order dated 22.07.2011 passed in Cr.,Misc.
no.22198 of 2011 in which prayer for other three
persons were refused.
2
In view of the above, the petitioner, in
the event of arrest or surrender within four weeks
from today, is directed to be enlarged on bail on
furnishing bonds of Rs. !0,000/- (Rupees ten
thousand) with two sureties of the like amount
each to the satisfaction of the Chief Judicial
Magistrate, Banka, in Shambhuganj P.S. Case no.
27 of 2011, subject to the conditions laid down in
Section 438 (2) of the Code of Criminal Procedure
with additional condition that the petitioner shall
remain present before the court below on each
and every date till two years, or till disposal of the
case, whichever is earlier. If the petitioner fails to
remain present on two consecutive dates without
any reasonable explanation the privilege granted
shall be deemed to be canceled.
( Akhilesh Chandra, J.)
AAhmad