Jitendra Yadav @ Jitan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27093 of 2016 ====================================================== Jitendra Yadav @ Jitan Yadav Son of -Lodh Yadav @ Rajendra Yadav Resident of Village- Gaji Paita P.S.- Sonbarsa Raj Dist-Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 29-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. At an earlier occasion while releasing the petitioner on bail vide Cr.Misc.No.58439 of 2015 it was directed that one of the bailers should be a government servant taking into account the conduct of the petitioner who, after having been released on bail is found always indulged in committing crime whereupon he has been made accused in nine cases of different sections including that of 302 of the I.P.C. as is evident from paragraph no.3 of the Cr.Misc. No.58439 of 2015.

Instant petition has been filed for modification of the aforesaid condition and to substantiate it, it has been submitted at the end of the petitioner that he be allowed to deposit cash security

Patna High Court Cr.Misc. No.27093 of 2016 (2) dt.29-07-2016 2/2 to the tune of Rs.25000/- instead of one of the bailers as government servant and further, having subsequent involvement will be a good ground for freezing the amount. Considering the offer made by the petitioner, the order dated 5.2.2016 passed in Cr.Misc. No.58439 of 2015 is modified in following way; subject to deposit Rs.25,000/- as cash security which shall be subject to forfeiture in case petitioner is found involved in subsequent case.

In terms thereof, Cr.Misc. No.27093 of 2016 is allowed.

After disposal of the trial, the aforesaid amount, in case of petitioner being acquitted will be returned back to the petitioner on due identification in case is not forfeited. (Aditya Kumar Trivedi, J) AnilKrSinha/- U T