Kameshwar Yadav @ Kameshwar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37137 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- KHUTAUNA District- Madhubani ====================================================== KAMESHWAR YADAV @ KAMESHWAR PRASAD YADAV S/o Gulab Yadav , R/o Vill.- Kusmar , P.S.- Khutauna, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kr. Bharti, Advocate For the Opposite Party/s :

Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner , learned counsel for the informant and learned APP for the State. Petitioner apprehends his arrest in Khutauna P.S. case no. 21 of 2018 instituted for the offence under Section(s) 384 and 506/34 of the Indian Penal Code.

In the written report it is alleged that after completing all the procedure the Hindustan Petroleum Corporation Ltd. allowed retail outlet in the name of informant. The Informant got no objection certificate with respect to the land as mentioned in the written report to open the retail outlet of the Hindustan Petroleum Corporation Ltd. The petitioner raised objection and also made a demand of Rs. 45 lacs.

It is submitted that aforesaid land belongs to the petitioner for which the petitioner has filed Title Suit No. 51 of 2018 before learned Sub-Judge-I, Jhanjharpur in which the informant has also

Patna High Court Cr.Misc. No.37137 of 2018(3) dt.03-07-2018 2/2 been made a party.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Khutauna P.S. case no. 21 of 2018, corresponding to G.R. No. 179 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.