Yogendra Modi @ Yogendra Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45355 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ======================================================

1. Yogendra Modi @ Yogendra Prasad, S/o Raghunandan Modi,

2. Rajesh Modi, S/o Bishundeo Modi,

3. Vikash Modi, S/o Bishundeo Modi, all are resident of village - Patori, P.S. Singheshwar, District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 14-10-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 147, 148, 149, 341, 323, 354, 379, 427, 504, 506 Indian Penal Code. Considering that the Petitioner No.1 is of advance age, it is ordered that in the event of surrender/arrest of the Petitioner No.1, Yogendra Modi @ Yogendra Prasad, within four weeks from the date of receipt/production of a copy of this order in connection with Singheshwar P.S. Case No.05 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.45355 of 2015 (2) dt.14-10-2015 2/3 each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioner, who will give an affidavit giving genealogy as to how he is related with the Petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the Petitioner, (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Patna High Court Cr.Misc. No.45355 of 2015 (2) dt.14-10-2015 3/3 As for Petitioner Nos.2 and 3, their prayer for anticipatory bail is rejected. They are directed to appear before the Court below and seek regular bail.

(Anjana Prakash, J) JA/- U T