Hari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24069 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -JAMUI District- JAMUI ====================================================== Hari Yadav, son of Late Ragho Yadav, resident of Village- Chaudiha, P.S. and District-Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 31-05-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 420, 419, 467, 468, 471 and 120B of the Indian Penal Code.

Though, the petitioner, besides others, is named in the FIR vide Annexure-1 as an accused, but taking into consideration the nature of relationship between the petitioner and the informant, as he claims to be own nephew of the informant and also taking into consideration the nature of allegation regarding execution of the sale deeds with respect to the lands in question, for which there appears to be bonafide dispute between the parties and also taking into consideration the fact that the petitioner is said to be the first offender, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamui P.S. Case No.07 of 2016, subject to the conditions that:

(A) One of the bailors must be government servant

Patna High Court Cr.Misc. No.24069 of 2016 (2) dt.31-05-2016 or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) Arvind/- U T