Patna High CourtCR. MISC./8323/2016bail granted

Lal Babu Yadav v. The State Of Bihar

2016-08-31Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8323 of 2016 Arising Out of PS.Case No. -369 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lal Babu Yadav Son of lakshman Yadav, resident of village -Halkhorwa, Police Station- Jagdishpur, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 406, 467, 468, 471 and 120(B) of the Indian Penal Code registered in connection with Nautan (Jagdishpur) P.S. Case No.369 of 2015.

3. It is submitted that the petitioner has been falsely implicated due to rivalry between the petitioner and the informant, who are the President and Secretary of Halkhorwa Milk Production Committee respectively. It is further submitted that there is no material to support the accusation of forgery having been committed by the petitioner on the cheque for withdrawal of Rs.1,05,708/- from the account of the Committee.

Patna High Court Cr.Misc. No.8323 of 2016 (3) dt.31-08-2016 2/2

4. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 18.04.2016 by this Court in connection with Nautan (Jagdishpur) P.S. Case No.369 of 2015 pending in the Court of learned Chief Judicial Magistrate, Bettiah, West Champaran is hereby confirmed with the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) The petitioner shall co-operate with the investigation 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.

(iii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) N.H./Ibrar U T