Ekram Pathak And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18983 of 2019 Arising Out of PS. Case No.-182 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

EKRAM PATHAK, Son of Late Bharat Jee Pathak Resident of VillageNiyazipur (Tirariya KeDera), P.S.- Simri, District - Buxar 2.

Siyaram Pathak, Son of Late Bharat Jee Pathak Resident of VillageNiyazipur (Tirariya KeDera), P.S.- Simri, District - Buxar 3.

Shatrudhan Pathak, Son of Late Bharat Jee Pathak Resident of VillageNiyazipur (Tirariya KeDera), P.S.- Simri, District - Buxar ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Pandey For the Opposite Party/s :

Mr.Bharat Bhushan (App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Buxar (M) P.S. Case No. 182 of 2018 registered for the offences punishable under Sections 420, 406, 467, 468, 471, 120B and 506 of the Indian Penal Code.

Allegation as per FIR is that the informant has given Rs.4 lac to the petitioners in presence of Gopal Jee Pandey and Praveer Ranjan Pandey and also transferred Rs.30,000/- from IDBI Bank on 8.11.2017 and again on 10.11.2017 Rs.40,000/- has been transferred from SBI and when he demanded the money the petitioners got an appointment letter issued from the Chief Minister Secretariat which was later on found to be forged and thereafter abused the informant. Submission of learned counsel for the petitioners is that as

Patna High Court CR. MISC. No.18983 of 2019(2) dt.06-05-2019 2/2 a matter of fact petitioners have received Rs.40,000/- in the account twice and against that they have returned Rs.30,000/-, which will appear from Annexure-3 and rest of the money has taken by Gopal Jee Pandey and petitioners are ready to return rest of the amount, if some time is allowed to them.

Heard learned APP and learned counsel for the informant. In view of above facts and circumstances, let petitioners surrender within a period of six weeks from the receipt of this order along with a Bank Draft of Rs.25,000/- payable to the informant in this case and on deposit of the same petitioners will be granted provisional bail for a period of three months to the satisfaction of the court below and during that period petitioners will deposit a Bank Draft for Rs.25,000/- in favour of the informant and once the total amount is deposited, their bail bonds shall be confirmed and the deposit of the aforesaid amount shall be subject to the result of the case and the same may be handed over to the informant on filing an undertaking that he will abide by the result of the case. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T