Yogendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48226 of 2015 Arising Out of PS.Case No. -341 Year- 2014 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Yogendra Prasad Son of Late Chotelal Prasad, resident of village- Gobinda Pur Bazar, P.S.- Harsidhi, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. B.M.P Sinham, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-02-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Section 7 of the E.C.Act. Though, the petitioner, besides others, is named in the first information report vide Annexure-1 as an accused but taking into consideration the fact that he is the first offender, as it is submitted by the learned counsel for the petitioner and not disputed by the learned Addl.P.P. appearing on behalf of the State, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail.

In the event of arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S.Case No. 341 of 2014. subject to conditions laid down under Section 438 (2) of the Cr.P.C. and subject to the

Patna High Court Cr.Misc. No.48226 of 2015 (2) dt.18-02-2016 2/2 further conditions that :

(A) one of the bailors must be government servant or close family member 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, and (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 dates, 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) Tahir/- U T