Patna High Court - Orders
Devendra Prasad Yadav vs State Of Bihar on 25 November, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28109 of 2009
DEVENDRA PRASAD YADAV SON OF AWADH RAI @ AWADH PD.
YADAV
Versus
STATE OF BIHAR
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3. 25.11.2009Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence under Sections 467, 468, 471 and 420/34 of the Indian Penal Code.
Taking into consideration the fact that the loan amount has been waived by the government which may not absolve the petitioner of the charges of embezzlement but the petitioner has remained in custody for about four months, so let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Raxaul at Motihari in Chauradano P.S.case No.19 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of 2 bail on the ground of misuse and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.
The informant has brought to the notice of the court that the petitioner has been threatening the co- villagers about which if any report is made before the trial court it will make due enquiry and proceed in accordance with law. The trial court is well advised to conclude the trial within a reasonable time so that instances of financial embezzlement do not go unpunished.
Narendra/ ( Anjana Prakash, J. )