Nirbhay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15465 of 2023 Arising Out of PS. Case No.-457 Year-2021 Thana- DHAKA District- East Champaran ====================================================== Nirbhay Kumar Yadav Son of Late Jeevan Rai R/V- Banjariya (Lahi Banjariya), P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 406, 420, 504, 506/34 of the Indian Penal Code. The allegation is of committing fraud and cheating the members of the group against the accused persons including the petitioner to the tune of Rs.5 lacs.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.02.2022. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no chance of trial being concluded in near future. There is allegation of misappropriation. The petitioner is

Patna High Court CR. MISC. No.15465 of 2023(2) dt.01-05-2023 2/2 said to be the proprietor of the firm in question. It is alleged that the petitioner is said to have misappropriated the money, which was deposited by the investors. It is further submitted that the petitioner is ready to deposit an amount of Rs.1,00,000/- in the court below, which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner is directed to deposit an amount of Rs.1,00,000/- in the court below, which shall be subject to the final disposal of the case. On doing so, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Dhaka P.S. case No.457 of 2021.

(Sudhir Singh, J) Narendra/- U T