Jai Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33921 of 2018 Arising Out of PS.Case No. -127 Year- 2017 Thana -JHANJHARPUR District- MADHUBANI ======================================================

1. Jai Prakash Yadav, S/o Lakhan Yadav, Resident of Village- Bathnaha, Ward No. 10, P.S.- Ghoghardiha, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 The petitioner is apprehending his arrest in connection with Jhanjharpur (Arariya Sangaram) P.S. Case No. 127 of 2017, registered for offences punishable under Sections 420, 406 of the Indian Penal Code and Section 138 of the N.I. Act. Allegation against the petitioner is that he has taken articles from the informant and issue one cheque of Rs. 95,000/- which got bounced on presentation before the bank. Submission of learned counsel for the petitioner is that he has already returned the money and has falsely been implicated in this case. However, he agreed upon to pay the amount, if some reasonable time is granted.

Heard learned A.P.P. as well as learned counsel for the informant.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.33921 of 2018 (3) dt.30-08-2018 2/2 circumstances as stated above, this application is disposed of with direction to the petitioner to surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order along with a bank draft of Rs .25,000/- drawn in favour of opposite party no. 2 and the court below after verifying the same shall release the petitioner on provisional bail to his own satisfaction on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) for a period of five months, during which period the petitioner shall deposit the remaining amount of Rs. 70,000/- by way of equal monthly installments of Rs. 14,000/- payable in the first week of each month through bank drafts drawn in favour of the opposite party no.

2 and only after payment of total amount of Rs. 95,000/-, the court below shall confirm the provisional bail of the petitioner. It is made clear that if the petitioner fails to deposit any of the installments, the provisional bail of the petitioner shall automatically stand cancelled. The amount, which is to be deposited by the petitioner, shall be subject to the outcome of the case.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T