Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7279 of 2019 Arising Out of PS. Case No.-24 Year-2018 Thana- RAHIKA District- Madhubani ====================================================== Umesh Yadav S/o Late Sheetal Yadav @ Sheetai Yadav village-Durgauli Purbi Tola, P.S-Benipatti, Distt.-Madhubani at present residing at Jameen Wo Makan Malik Heritage Hospital, Jeevachh Chowk, P.S-Rrahika,Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Yogesh Chandra Verma, Sr. Advocate Mrs. Usha Kumari, Advocate For the State :

Mr. Shyam Bihari Singh For the informant :

Mr. Subhash Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

Counsel for the petitioner is permitted to make necessary correction in paragraph 4 of the supplementary affidavit in course of the day.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 323, 341, 420, 406, 457, 448, 471, 504 of the Indian Penal Code.

Allegation is that the petitioner has committed forgery with the complainant/informant and succeeded in obtaining

Patna High Court CR. MISC. No.7279 of 2019(9) dt.29-07-2019 2/3 Rs.45 lacs.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.11.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner undertakes to co-operate during trial.

Following statement has been made in paragraph nos.4 and 5 of the supplementary affidavit.

"4. That the petitioner undertakes to deposit Rs.5 lacs within one week from the date of furnishing bail bond before the learned trial court.

5. That the petitioner also undertakes to deposit another Rs.5 lacs within 30 days of his release on bail."

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on provisional bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.7279 of 2019(9) dt.29-07-2019 3/3 Chief Judicial Magistrate, Madhubani in connection with Rahika P.S. case No.24 of 2018 with a direction that the petitioner will deposit Rs.5 lacs within a period of one week from the date of furnishing his bail bond before the trial court and the petitioner will further deposit an amount of Rs.5 lacs within 30 days from the date of release on bail. The said amount will be deposited by the petitioner in the court below subject to result of the case.

If the petitioner complies with the aforesaid direction, the trial court will be at liberty to confirm the provisional bail granted to the petitioner. The petitioner is further directed to cooperate during trial. The trial court is directed to take all necessary steps to expedite the trial and conclude at the earliest. (Sudhir Singh, J) Narendra/- U T