Shakti Sharma @ Shakti Vardhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10364 of 2023 Arising Out of PS. Case No.-2600 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Shakti Sharma @ Shakti Vardhan Son Of Rajesh Kumar Kaushal R/O Flat No.25, Shivalik Apartment, I.P. Extension, Patpargan, P.S.- Shakarpur, Gandhi Nagar, East Delhi, Delhi-110092 ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Dr. Alakh Prasad Son Of Sri Ram Deo Prasad R/O Narayan Place, Flat No.101, Fraser Road, 42, Dak Bunglow Chauraha, P.S.- Kotwali, DistrictPatna ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, Addl. Public Prosecutor CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420, 120 (B) of the Indian Penal Code.

As per the FIR, this petitioner is alleged to have introduced the complainant and the wife of the informant to coaccused Kunal Kant who is alleged to have taken advance money from the complainant. Advance money was also paid to Kunal Kant for getting admission in any medical college. The complainant is said to have paid a huge amount by cheque and cash. When the daughter of the complainant did not get admission in any medical college, the

Patna High Court CR. MISC. No.10364 of 2023(2) dt.27-04-2023 2/2 complainant asked for his money to be refunded, which was refused by the petitioner.

As per complainant, entire advance money was paid to co-accused Kunal Kant. Petitioner is alleged to have introduced the complainant. Agreement to secure admission through unfair means is itself unlawful and prohibited under the law and void ab initio under section 23 of the Contract Act. Petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged 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 court of learned A.C.J.M. 14, Patna in connection with Complaint Case no.- 2600 (C) of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T