Nand Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71672 of 2019 Arising Out of PS. Case No.-389 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Nand Kishore Yadav Son of Gyani Yadav Resident of Village - Bisfi Hat Tole, Gobrahi, P.S.- Bisfi, Distt.- Madhubani ... Petitioner

Versus

1.

The State of Bihar 2.

Md. Raisa Khatoon W/o Late Md. Anwarul Haque, Resident of Village - Singhato Tole Chhachhua, P.S.- Bisfi, Distt.- Madhubani. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party :

Mr.Md. Matloob Rab, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 323, 504, 420, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner submits that from the complaint, it appears that there is civil dispute between the parties and it is alleged that the accused persons have sold some land to a third party, which had fallen in the share of the complainant. Similarly situated co-accused Md. Shakil and six others have already been allowed bail by a bench of this Court vide order dated 14.5.2019, passed in Cr.Mis.No. 31915/2019. Petitioner has got no criminal antecedent.

In view of the facts and circumstances of the case, in

Patna High Court CR. MISC. No.71672 of 2019(2) dt.20-11-2019 2/2 the event of arrest/surrender within six weeks from today, let both the petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipatti, Madhubani in Complaint case no. 389 of 2017, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U