Vivekanand Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.4623 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4623 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -BAUNSI District- BANKA ====================================================== Vivekanand Yadav, S/o Nakul Yadav, Resident of Village--Jethore Kakaria, Govindpur, P.S. Barahat, District-Banka.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Avanindra Kumar Jha For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bounsi P.S. Case No. 209 of 2016 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code. Allegedly, during raid, the petitioner was apprehended with fourteen half filled form having photo and eleven acknowledgment receipts and the petitioner told that he was doing the work as an agent of co-accused on payment of Rs. 200-300/- per candidate for providing loan under Pradhanmanthri Mudra Loan Youjna. Registration for loan is being done in the office of Hind Global Enterprises situated near R.M.K. High School Road, Banka.

Submission is of false implication and that the petitioner has been made victim of circumstances, form of Mudra Loan can

Patna High Court Cr.Misc. No.4623 of 2017 (2) dt.07-03-2017 be loaded from the website of the Govt. of India, the petitioner was helping the beneficiaries, no one has made complain that the petitioner has taken Rs. 200-300/- from anyone and without any complain the petitioner has been apprehended, resulting, he is suffering in custody since 10.11.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP submits that the petitioner was apprehended with forms and acknowledgment receipts. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Banka in connection with Bounsi P.S. Case No. 209 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T