Chit Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28919 of 2013 Arising Out of PS.Case No. -465 Year- 2011 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Chit Narayan Yadav, S/O Bhumi Yadav, resident of village- Latauna, P.S.- Triveniganj, District- Supaul .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anil Yadav, son of Sri Umesh Pd. Yadav, r/o village-Guriya, P.S.- Jadiya, District-Supaul .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Nikesh, Advocate For the Opposite Party/s : Mr. Nawal Kishor Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 23-01-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in a case instituted for the offence under Section(s) 120-B, 406, 420 Indian Penal Code.

In the nature of dispute, notice had been issued to the Opposite Party No.2, but none appears on his behalf. Considering the merits of the case and the fact that there is no other case of similar nature pending against him, it is ordered that in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Complaint Case No.465-C of 2011, he shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five

Patna High Court Cr.Misc. No.28919 of 2013 (3) dt.23-01-2015 2/2 thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to the condition as laid down under sections 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioner, who will give an affidavit giving genealogy as to how he is related with the Petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the Petitioner, (ii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.