Subodh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28453 of 2017 Arising Out of PS.Case No. -758 Year- 2015 Thana -NAWADA District- NAWADA ======================================================

1. Subodh Yadav, son of Sukhdeo Yadav, resident of Village- Raje Bigha, Police Station- Pakri Barawan, District- Nawadah. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Naresh Singh, son of late Mathura Singh, Aman Motors Proprietors, resident of Mohalla- Nardiganj Road Gadhpur, P.S.- Nawada, Town, District- Nawada.

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

For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP Mr. Sudhir Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Nawada Town P.S. Case No.758 of 2015 instituted for the offence under Section(s) 420, 467, 468, 471 Indian Penal Code. It is alleged in the written report that the petitioner issued cheque of Rs.1,90,000/- in favour of informant which bounced.

Counsel for the petitioner has submitted that he has made payment of total nineteen installments and matter was sent to Mediation Centre where it was found that Rs.63,000/- of the informant is due with the petitioner, but the informant was not ready to accept that money.

Patna High Court Cr.Misc. No.28453 of 2017 (5) dt.28-02-2018 2/2 In the facts and circumstances of the case, this Court is of the view that it is totally matter of money dispute. In such circumstances, 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 Nawada Town P.S. Case No.758 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.