Mahendra Singh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40281 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -BELA District- SITAMARHI ======================================================

1. Mahendra Singh Yadav, Son of Dukha Ray, resident of Village- Malahi, Ward No. 10, P.S.- Bela, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajesh Kumar Raju, Manager SBI Baghuara Branch, Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bela P.S.case nO.39 of 2018 , registered for offences punishable under Sections 341, 323, 353, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is that he hurled shoes on the Bank Manager.

Submission of the learned counsel for the petitioner is that the false and concocted case has been lodged against the petitioner, as a matter of fact he had made complaints against the informant, as such the present case has been lodged against him. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.40281 of 2018 (2) dt.12-07-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Bela P.S.Case No.39 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T