Shri Bhagwan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.10277 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10277 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -SIKRAUL District- BUXAR ====================================================== Shri Bhagwan Yadav Son of Lal Mohan Yadav Resident of Village - Belaon, P.S. - Sikaraul, District - Buxar.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Sikraul P.S. Case No. 43 of 2016 registered for the offences punishable under Sections 406, 409, 420 of the Indian Penal Code.

At the very outset, it is submitted that in this case the petitioner was granted pre-arrest bail by learned Additional Sessions Judge IV, Buxar on condition that the petitioner shall deposit the entire loss amount mentioned against him in four installments and he has deposited the first installment but due to demonetization the petitioner has not been able to deposit the rest installments and as such the petition was filed to extend the anticipatory bail which was refused.

Heard and perused the impugned order dated

Patna High Court Cr.Misc. No.10277 of 2017 (2) dt.10-03-2017 29.08.2016 and 23.12.2016.

Considering the grievance of the petitioner genuine and the petitioner has already deposited one installment, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on provisional bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Sikraul P.S. Case No. 43 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further with condition that his provisional bail shall only be confirmed by the court below itself after producing the receipts showing deposit of the rest installments of alleged loss amounts within three months from the date of his release on provisional bail, failing which the provisional bail granted to the petitioner shall stand cancelled.

(Jitendra Mohan Sharma, J) avin/- U T