Girdhari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53726 of 2023 Arising Out of PS. Case No.-351 Year-2022 Thana- DAUDPUR District- Saran ====================================================== 1.
Girdhari Yadav, aged about 55 Yrs, Male S/O Late Gobardhan Yadav R/O Village- Gauri, Ps. Manjhi, Dist. Saran At Chapra 2.
Abhimanyu Kumar Yadav @ Abhimanu Kumar Yadav, 28 Yrs, Male, S/O Girdhari Yadav R/O Village- Gauri, Ps. Manjhi, Dist. Saran At Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Daudpur P.S. Case No. 351 of 2022 dated 13.12.2022, instituted for the offence punishable under Sections 467, 468, 420 of the Indian Penal Code and Section 138 of the N.I. Act.
3. Allegation against the accused persons including the petitioners is that they came at the door of informant and told him that they are in scarcity of money because they have to repair the bus and they have to pay some money for purchasing the land, upon which the informant became ready to give them money and he accordingly he paid them 4,50,000/- on different
Patna High Court CR. MISC. No.53726 of 2023(2) dt.23-08-2023 2/3 dates and all the three accused made agreement on stamp paper. The petitioner, Girdhari Yadav gave him two cheques of Central Bank, Ekma, and two cheques of Bandhan Bank, Ekma. When on 03.11.2022, the informant deposited the said cheques in his account of North Bihar Gramin Bank, Daudpur, the said cheques were bounced due to insufficient fund.
4. Learned counsel for the petitioners submits that they are ready to pay the alleged amount of Rs. 4,50,000/- to the informant in three installments. The informant shows his agreement to the submission of the petitioner. Lastly, it has been submitted that they have clean antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Daudpur P.S. Case No. 351 of 2022, they shall be released on provisional bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra, subject to condition as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.53726 of 2023(2) dt.23-08-2023 3/3
7. In the meantime, petitioners are directed to pay the amount, in question, within a period of three months in equal installments and the first installment should be paid at the time of furnishing bail bond by the petitioners.
8. Upon deposit of all the three installments in time by the petitioners, the Court below shall confirm the provisional bail of the petitioners.
(Khatim Reza, J) annpurna/- U T