Allowed

Vijay Kumar Yadav and Anr. v. The State Of Bihar

Patna HC28 Mar 2019CR. MISC./64428/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court granted anticipatory bail to two petitioners charged with offences under IPC and N.I. Act. The Court directed release upon surrendering within six weeks and furnishing a bail bond with sureties, subject to standard conditions.

What did the court decide?

Release on bail with bond of Rs.10,000+2 sureties if petitioners surrender or are arrested within six weeks.

Vijay Kumar Yadav and Anr. Vs The State Of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64428 of 2018

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Arising Out of PS. Case No.-219 Year-2004 Thana- SASARAM NAGAR District- Rohtas

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======================================================

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Vijay Kumar Yadav

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Ram Pravesh Yadav, Both are son of Singasan Yadav, Resident of VillageHardaspur, P.S.- Dinara, District- Rohtas.

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... ... Petitioners

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Versus

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The State Of Bihar.

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Kamlesh Singh S/o Sri Jagdish singh, R/o Vill- Rampur, P.O. Koposar, P.S. Kochas at present Mohall- takiya, P.O. Bazar Samiti Takiya, P.S. Sasaram, District- Rohtas.

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... ... Opposite Party

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====================================================== Appearance : For the Petitioners : Mr. Nagendra Upadhyay, Advocate. For the O.P. No. 2 : None For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

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ORAL ORDER

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4 28-03-2019

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 406, 420, 120(B) of the Indian Penal Code and Section 138 of N.I. Act registered in connection with Sasaram (T) P.S. Case No. 219 of 2004.

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It is submitted that the petitioners have been falsely implicated on the accusation that the petitioners did not make payment of Rs. 2,00,000/- towards purchase of the complainant’s tractor, rather the cheque of Rs. 1,00,000/- issued in this regard bounced. It is submitted that in any event the tractor with trailer has since been returned to the complainant. The petitioners claim clean antecedents.

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None appears on behalf of the opposite party no. 2

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Patna High Court CR. MISC. No.64428 of 2018(4) dt.28-03-2019 2/2

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whens the matter is called.

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Be that as it may, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 219 of 2004, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

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(i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein.

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

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(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Ibrar//-

Vijay Kumar Yadav and Anr. v. The State Of Bihar

Case brief

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Vijay Kumar Yadav and Anr. v. The State Of Bihar

Case brief

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