Jay Prakash Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13644 of 2018 Arising Out of PS.Case No. -317 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jay Prakash Prasad, S/o Jagat Narayan Prasad @ Jagat Narayan Sah, R/o Village- Machhargawa, P.S.- Machhargawa, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Kant Singh, Manager, Central Bank of India, Machhargawa Branch, District- West Champaran.

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

For the Petitioner/s : Mr. Ashutosh Tripathy For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 The petitioner is apprehending his arrest in connection with Yogapatti P.S. Case No. 317/2016, registered for offences punishable under Sections 341, 323, 307, 353, 332, 333, 504 and 506/34 of the Indian Penal Code.

Prosecution case is that during demonetization, there was a queue for withdrawing the money from the bank and when the guards saw the petitioner and other accused person trying to enter the bank by breaking the queue, they stopped them, thereafter the petitioner and other accused person assaulted the guards. It has been submitted on behalf of the petitioner that that he has falsely been implicated in this case at the instance of the informant, with whom the petitioner has inimical terms and in fact

Patna High Court Cr.Misc. No.13644 of 2018 (2) dt.10-04-2018 2/3 the petitioner has nothing to do with the allegation and except informant, no other witnesses have named the petitioner, though it is alleged that large number of persons were there. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with Yogapatti P.S. Case No. 317/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.13644 of 2018 (2) dt.10-04-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T