Bisheshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69995 of 2019 Arising Out of PS. Case No.-606 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== BISHESHWAR YADAV Son of Late Sita Ram Yadav, Resident of VillageBhairaw Nagar, P.S.- Jay Nagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-05-2020 Heard learned counsel for the petitioner and learned counsel for the State through Video Conferencing in view of the lock-down on account of COVID-19 pandemic.

In this case, the petitioner is seeking regular bail in connection with Jay Nagar P.S. Case No. 606 of 2018 registered for offence punishable under sections 420, 467, 468, 471, 472/34 of the Indian Penal Code.

Allegation has been made by the informant that in the name of giving job of Peon, the petitioner was paid Rs.5,51,000/- and after some time, an appointment letter of Civil Court, Motihari has also been received by him, but when the informant had gone to Civil Court, Motihari for joining, it was found to be a forged appointment letter which is apparently clear from paragraph 15,16, 18 of the case diary. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69995 of 2019(4) dt.27-05-2020 2/2 petitioner has returned the money as stated in paragraph 7 of the bail application by way of executing a sale deed of one piece of land, inasmuch, as the petitioner has remained in jail since 30.05.2019.

Looking to the fact that the petitioner has returned the money as per the statement made in paragraph 7 of the bail application, the petitioner, named above, is directed to be released on provisional bail on his personal bond to the satisfaction of Sub-Divisional Judicial Magistrate, Madhubani in connection with Jay Nagar P.S. Case No.606 of 2018. This Court directs the Civil Court, Madhubani to hold an enquiry about the statement made in paragraph 7 of the bail application and if it is found to be correct, in that event, the provisional bail granted to the petitioner will be confirmed, subject to the condition that he will cooperate in the disposal of trial and make himself available as and when required by the court. In case the statement is found to be incorrect, the benefit granted to the petitioner by way of provisional bail will be treated to have been withdrawn.

(Shivaji Pandey, J) Mahesh/- U T