Vishwanath Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75635 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== Vishwanath Prasad Yadav, Son of Sri Ram Prasad Rai, Resident of VillageBhawarua, Police Station- Madhuban, District- East Champaran (Motihari). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2018 Heard learned Senior Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends his arrest in a case registered under Sections 323, 406, 409, 504 of Indian Penal Code. It is submitted by the petitioner's Senior Counsel that from the allegation which led to lodging the first information report in question, it is obvious that the grievance of the informant is regarding non-payment of Rs 10,000/- from the account in question. It is further submitted that the prosecution has been lodged on extraneous considerations. The petitioner has no criminal antecedent and he is a Government servant. Considering the aforesaid submissions and the facts and circumstances of the case, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.75635 of 2018(2) dt.21-12-2018 2/2 allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in Shyampur Bhatha Police Station Case No 68 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U