Shivnandan Yadav @ Shivnarayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62978 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -SACHIWALAYA District- PATNA ======================================================
1. Shivnandan Yadav @ Shivnarayan Yadav, Son of Late Priyavart Yadav, Resident of village- Khopaiti, P.S.- Madhepura, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyam Bihari Singh For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sachiwalaya P.S. Case No.107 of 2016 registered for the offences punishable under Sections 420, 468, 471, 201 and 120(B) of the Indian Penal Code.
It is alleged that this petitioner had filed an application on 15.07.2009 before Lokayukta alleging that one Balram Yadav had obtained service of teacher on the basis of forged and fabricated documents and thereafter enquiry was made. In course of enquiry, this petitioner filed an application on 07.01.2010 denying the allegation of filing petition earlier before
Patna High Court Cr.Misc. No.62978 of 2017 (2) dt.11-01-2018 the Lokayukta. After enquiry, a case has been registered against the petitioner.
It has been submitted that the petitioner had not filed any application before Lokayukta. The petitioner has been made accused without any basis and he is in custody since 23.07.2017 having clean antecedent.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Special Judge, CBI-I-cum-Addl. Sessions Judge, Patna in connection with Sachiwalaya P.S. Case No.107 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court
Patna High Court Cr.Misc. No.62978 of 2017 (2) dt.11-01-2018 below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U