Mantun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18528 of 2017 Arising Out of PS.Case No. -729 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Mantun Yadav, son of Upendra Yadav, resident of village- Baluaha, P.S.- Sonbarsa Kachhari, District- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 19-05-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Saharsa Sadar P.S. Case No.729 of 2015 instituted for the offence under Section(s) 406, 420, 467, 468, 471, 120-B, 384, 386 Indian Penal Code.
It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner. It has further been submitted that other accused persons with similar allegation have been granted anticipatory bail by a coordinate Bench of this Court by order dated 16.01.2017 passed in Cr. Misc. No.48624 of 2016.
From the nature of complaint, which was sent to the PS under Section 156(3) Cr. P.C., it appears that this matter is
Patna High Court Cr.Misc. No.18528 of 2017 (4) dt.19-05-2017 2/2 purely civil dispute.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Saharsa Sadar P.S. Case No.729 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.