Salim Baba Saheb Kazi @ Salim Baba Saheb Kashim v. The State Of Bihar

Patna High Court Cr.Misc. No.1029 of 2016 (3) dt.21-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1029 of 2016 Arising Out of PS.Case No. -187 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Salim Baba Saheb Kazi @ Salim Baba Saheb Kashim son of Baba Saheb Kazi resident of village Sukhanpura Gali, P.S. Rahimatpur Talluka, Koregaon, District Satara (Maharastra).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s Mr. Amit Kumar Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 21.01.2016 Counter affidavit is filed on behalf of the informant. Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

The accusation against the petitioner is that he along with his son took near about Rs 2.50/- lakhs from the informant to provide him passport and visa.

Learned counsel for the petitioner submits that, as a matter of fact, uncle of the informant cheated several persons in Pune for which Sahupuri P.S. case no. 8/2014 was lodged against uncle of the informant and after institution of the aforesaid case, uncle of the informant set up the informant and got instituted this false case. On the other hand, learned counsel appearing for the informant drew my attention towards annexure A to the counter

Patna High Court Cr.Misc. No.1029 of 2016 (3) dt.21-01-2016 affidavit and submitted that annexure A to the counter affidavit fortified this fact that the petitioner had taken Rs 02/- lakhs in cash and furthermore, Rs 50,000/- was deposited in the account of son of the petitioner.

Admittedly, son of the petitioner has already been granted privilege of bail by a coordinate bench of this court vide order dated 16.12.2015 passed in Cr. Misc. no.56119/2015. It is also admitted fact that investigation of this case has already been completed. Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Bidupur P.S. Case no. 187/2014. shahid (Hemant Kumar Srivastava,J) U T