Yashvant Kumar Singh @ Yashwant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62989 of 2019 Arising Out of PS. Case No.-170 Year-2019 Thana- AIRPORT District- Patna ====================================================== YASHVANT KUMAR SINGH @ YASHWANT KUMAR SINGH Son of Late Shyamlal Singh @ Late Shyamlal Rai, Resident of Road No.-25-B, Rajiv Nagar, Police Station- Rajiv Nagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khatim Reza For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code, registered in connection with Hawai Adda P.S.Case No. 170 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the transaction for sale of the petitioner's land to to the informant constitutes a civil dispute. In any event, out of the amount of Rs. 8,00,000/- received by the petitioner for such sale, an amount of Rs.6,50,000/- has already been refunded to the informant and her husband. The petitioner expresses his readiness to make payment of the remaining amount of Rs.

Patna High Court CR. MISC. No.62989 of 2019(2) dt.17-10-2019 2/3 1,50,000/- to the informant for which a cheque bearing no.057138 dated 17.10.2019, drawn in favour of the informant has already been prepared.

4. Be that as it may, in the event of petitioner's arrest or surrender within six weeks hereof, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Hawai Adda P.S.Case No.170 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, 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. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.62989 of 2019(2) dt.17-10-2019 3/3 failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

5. The provisional bail granted to the petitioner shall be confirmed by the learned court below if the petitioner deposits the aforesaid cheque of Rs.1,50,000/- before the learned court below within a further period of six weeks after furnishing bail bond for being handed over to the informant. If the petitioner fails to deposit the cheque in question within the period stipulated, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) HR/- U T