Patna High CourtCR. MISC./2835/2016bail granted

Uma Shankar Prasad @ Uma Shankar Yadav v. The State Of Bihar

2016-02-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2835 of 2016 Arising Out of PS.Case No. -274 Year- 2013 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Uma Shankar Prasad @ Uma Shankar Yadav Son of Ram Sakal Yadav, Resident of Village - Khajuriya, P.S. - Sidhwaliya, District - Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. M.K. Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Town P.S. Case No.274 of 2013, registered for the offence punishable under Section 379 of the Indian Penal Code.

Earlier this petitioner by making a wrong statement and showing the wrong record has obtained the order from this Court on 4.12.2013 passed in Criminal Miscellaneous No.48685 of 2013. Thereafter, an application for cancellation of bail was filed by the informant-Prem Prasad, claiming that the petitioner has suppressed the material fact and has obtained the order illegally. This Court has cancelled the bail of the petitioner and directed for

Patna High Court Cr.Misc. No.2835 of 2016 (2) dt.17-02-2016 2/2 institution of case against the petitioner. In pursuance thereof, the petitioner was taken in custody and since 19.3.2013 he is in jail. Looking to the period of custody, let the petitionerUma Shankar Prasad @ Uma Shankar Yadav be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Town P.S. Case No.274 of 2013, subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioner like mother/father/wife and;

(ii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) pawan/- U