Jay Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27401 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- KURSAKANTA District- Araria ====================================================== Jay Narayan Yadav Son of Rameshwar Prasad Yadav Resident of Village - Mahalgaon Ward No.5, P.s.- Jokihat (Mahalgaon Out Post), Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravish, Adv. with Mr. Sanjay Kumar Sharma, Adv., Ms. Siddhi Aashana, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kursakanta P.S. Case No. 13 of 2022 lodged under Sections 419/420/406/467/468/471 of the I.P.C.

As per the prosecution case, the allegation upon the petitioner is that he has committed fraud and collected Rs.500/- from all ward members on the basis of a forged letter prepared in the signature of D.M.

Learned counsel for the petitioner submits that he is innocent and has committed no offence. He further submits that

Patna High Court CR. MISC. No.27401 of 2022(2) dt.14-09-2022 2/3 he is a social activist and always used to raise halla in the meetings against the ward members. He further submits that no such letter was produced. He also submits that the allegation of preparation of forged letter of D.M. is there but D.M. office is nowhere involved in the case. No evidence was taken from him. Learned counsel further submits that petitioner is in custody since 26.01.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Kursakanta P.S. Case No. 13 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.27401 of 2022(2) dt.14-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) Sadique/- Prakash/- U T