Shiv Narayan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.1985 of 2015 (2) dt.28-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1985 of 2015 Arising Out of PS.Case No. -55 Year- 2011 Thana -JADIA District- SUPAUL ======================================================

1. Shiv Narayan Yadav Son of Late Mahabir Yadav Resident of Village - Guria, Police Station - Jadia, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Choubey For the Opposite Party/s : A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 409 of the Indian Penal Code registered in connection with Jadia P.S. Case No. 55 of 2011.

3. It is submitted that the petitioner being Mukhiya of Guria Gram Panchayat has not defalcated any amount in the context of purchase of solar lights. It is further submitted that Mukhiyas of other Panchayats being similarly situated coaccused namely Gouri Shankar and Indradeo Sah have been granted anticipatory bail by this Court in Criminal Miscellaneous No. 26136 of 2014. The other Mukhiyas/ Panchayat Sewaks made accused in other similar cases have also been granted anticipatory bail by this Court in Criminal Miscellaneous No. 1806 of 2015. It is further submitted that the petitioner has been

Patna High Court Cr.Misc. No.1985 of 2015 (2) dt.28-01-2015 granted bail in the four other cases in which the petitioner was made accused as enumerated in para-3 of the bail application.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 learned Chief Judicial Magistrate, Supaul, in connection with Jadia P.S. Case No. 55 of 2011, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also with the following conditions:

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Vikash Jain, J) Md. Ibrarul/- U T