Devendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43693 of 2014 Arising Out of Complaint Case No. -1930 Year- 2010 District- SARAN ====================================================== Devendra Prasad Yadav Son of Ram Ishwar Rai R/o - Village - Nayagaon, P.S. - Nayagaon, Distt. - Saran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Satish Kumar Sinha For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-04-2015 Heard Mr. Yogesh Chandra Verma for the petitioner and Mr. Jitendra Kumar Roy, learned APP for the State. A supplementary affidavit has been filed on behalf of the petitioner. The sole petitioner, apprehending his arrest in connection with Complaint Case No. 1930 of 2010 instituted under Sections 465 and 467, has filed the present application seeking anticipatory bail.

The allegation as per the complaint is that out of the six executants of the sale deeds, one person was presented as imposter in place of Ramesh Prasad Sharma (the complainant). The contention of the petitioner is that it is not expected of the petitioner to verify the genuineness of each and everyone of them. It was, at best, a criminal act committed by other executants who are related.

Patna High Court Cr.Misc. No.43693 of 2014 (2) dt.10-04-2015 In the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to 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 Sri Amit Kumar Singh, J.M., Saran at Chapra in Complaint Case No. 1930 of 2010 (Tr. No. 4215 of 2014) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T