Pashupati Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15619 of 2015 Arising Out of PS.Case No. -268 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Pashupati Rai Son of Surendra Rai resident of Village Baniya chhapar, P.S. Gopalpur, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Binod Kumar -Iii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 24.02.2015 in a case registered for the offences punishable under Sections 420, 467, 468, 471, 406 and 120B of the Indian Penal Code.

It is alleged that the petitioner and Abhay Singh persuaded the informant to take a contract of the construction of 135 child development building for which the informant was asked to deposit 10% of the construction amount as security, consequently in the account of Abhay Singh Rs.30,000/- and Rs.3,00,000/- were transferred and Rs.12,00,000/- cash was also paid to Abhay Singh, but neither the construction work was given nor the money was returned.

Patna High Court Cr.Misc. No.15619 of 2015 (02) dt.20-05-2015 2/2 It is submitted by learned counsel for the petitioner that admittedly the money was paid or transferred in the account of Abhay Singh and hence, any agreement was entered into between the informant and Abhay Singh.

It is submitted by learned counsel for the informant that in persuasion of this petitioner the informant entered into agreement with Abhay Singh and all the money transactions were made in presence of this petitioner, hence, in the entire episode the petitioner was the king-pin. Considering the fact that the thrust of accusation is against Abhay Singh and a statement has been made in para 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S. Case No. 268 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T