Yogendra Prasad Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44410 of 2018 Arising Out of PS. Case No.-145 Year-1995 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Yogendra Prasad Gupta, Son of Late Ramu Thakur Das, Resident of VillageRatanpur, P.S.- Bariyarpur, District- Munger. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Savitri Devi, Wife of Shankar Prasad Gupta, Daughter of Dinesh Das, resident of Village Ambari, P.S. Shekhopursarai, District- Sheikhpura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sanjay Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Complaint Case No. 145C of 1995 registered for the offence punishable under Section 494of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the petitioner was granted bail by the court below itself on 23.12.1997, however, in absence of any Pairvi his bail bond was cancelled on 28.03.2003 and on 23.11.2011 he was declared absconder and non-bailable warrant was issued on 09.02.2017. It is further submitted that due to wrong advice that the case has been settled and the matter is compoundable, he left

Patna High Court Cr.Misc. No.44410 of 2018(4) dt.20-08-2018 2/3 Pairvi in this case and due to this his bail bond was cancelled. Petitioner has clean antecedent and he is in custody since 18.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Sheikhpura, in connection with Complaint Case No. 145C of 1995 subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in

Patna High Court Cr.Misc. No.44410 of 2018(4) dt.20-08-2018 3/3 that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T