Shyamballav Yadav @ Shyamballav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40648 of 2023 Arising Out of PS. Case No.-272 Year-2021 Thana- JADIA District- Supaul ====================================================== SHYAMBALLAV YADAV @ SHYAMBALLAV KUMAR S/O RAMCHANDRA YADAV R/O Village- Chakardaha Ward No. 07, Gudia, P.S- Jadia, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Prasad, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2023 Heard the parties.

The petitioner is apprehending arrest in connection with Jadia P.S. Case No. 272 of 2021 for the offence punishable under Sections 467, 468, 471, 406, 409, 120 B/34 of the Indian Penal Code lodged 20.12.2021 by the informant Ramesh Kumar.

As per the prosecution story, the allegation is that in the garb of getting the names of innocent people registered under old pension scheme, they were charging with Rs. 1200/- to 5,000/-. Accordingly, the FIR.

It is the contention of the learned counsel for the petitioner that every process relating to the function of scheme is done online and ultimately decided by the State Government

Patna High Court CR. MISC. No.40648 of 2023(2) dt.28-07-2023 2/3 in which they do not have any role to play but has been falsely implicated in this case. Further submission is that other accused persons have been extended the privilege of anticipatory bail vide order dated 14.07.2023 passed in Cr. Misc. No. 30732 of 2023.

Mr. Bharat Bhushan, learned APP for the State opposes the prayer stating that they were duping the innocent people.

Considering the submissions put forward by the learned counsel for the petitioner, FIR lodged and ultimately he will have to face the trial, this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner in the event of his arrest or surrender within a period of four weeks from the date of the receipt of the order be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Supaul, in connection with Jadia P.S. Case No. 272 of 2021 subject to condition as laid down under Sections 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his

Patna High Court CR. MISC. No.40648 of 2023(2) dt.28-07-2023 3/3 bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (v) With the aforesaid observations, the anticipatory bail application is allowed.

(Rajiv Roy, J) Ravi/- U T