Mahendra Charan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19171 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ====================================================== Mahendra Charan Yadav Son of Ram Narayan Yadav Resident of village - Jirwa tola, Pastpar, P.S. - Sour Bazar, Dist. - Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Sour Bazar P.S.Case No. 5/2016, disclosing offences under sections 420, 467, 468, 471of the Indian Penal Code. The petitioner was Member of Panchayat Samiti, Pastpar, in the district of Saharsa. It is alleged that he induced one Mundrika Devi to deliver him an amount of Rs.550/- for issuance of voter identity card and he got prepared a forged voter identity card. It is also alleged against him that he had demanded a sum of Rs.10,000/- for the purpose of release of certain rehabilitation amount in her favour.

Learned counsel, appearing on behalf of the petitioner, has submitted that keeping in view the nature of allegation and the fact

Patna High Court Cr.Misc. No.19171 of 2016 (2) dt.16-05-2016 that the petitioner has no criminal antecedent, he may be given privilege of anticipatory bail. He has further submitted that considering the nature of allegation, there is no chance that the petitioner will be tampering with the evidence or fleeing from the course of justice.

Considering the above submissions, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Sour Bazar P.S.Case No. 5/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.19171 of 2016 (2) dt.16-05-2016