Bishundeo Yadav @ Bishnudeo Yadav @ Bishnudeo Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22196 of 2018 Arising Out of PS.Case No. -175 Year- 2017 Thana -SHAMBHUGANJ District- BANKA ====================================================== Bishundeo Yadav @ Bishnudeo Yadav @ Bishnudeo Prasad Yadav son of Late Baldeo Yadav, resident of Village- Manjhgay, P.S.- Shambhuganj, District- Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Praveen Kumar, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.01.2018 in connection with Shambhuganj P.S. Case No. 175 of 2017 for the offences alleged under Sections 420, 467, 468, 471, 385, 506 and 120B of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in a dispute which is clearly of civil nature and in respect of which two Title Suits bearing Title Suit No. 157 of 2017 and Title Suit No. 172 of 2017 against the informant and her daughter for specific performance of contract have been filed. The question whether or not the agreement of sale is a forged document would be tested in the title suit. Similarly situated co-accused persons, namely, Bharat Lal Singh, Prakash Singh, Ritesh Singh and Sanjay Yadav have been granted anticipatory bail by the coordinate Bench of this Court in Cr. Misc. No. 14384 of 2018. The petitioner has three criminal antecedents involving of different nature.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.22196 of 2018 (3) dt.26-04-2018 2/2 named 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 Sub-Divisional Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 175 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

B.T/Chandran (Vikash Jain, J) U T