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Patna High CourtCR. MISC./15786/2020bail granted

Dinesh Yadav v. The State Of Bihar

2020-08-28Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15786 of 2020 Arising Out of PS. Case No.-268 Year-2014 Thana- BIRAUL District- Darbhanga ====================================================== DINESH YADAV S/o Ram Prasad Yadav Resident of Village- Basua, P.S.- Singhiya, Distt- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Birendra Kumar Yadav S/o Upendra Yadav Resident of Village- Jaughatha, P.S.- Bahera, Distt- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 406 & 120 of the Indian Penal Code.

Allegedly, the accused persons started a company with name and style as Sathi Shilpa Banija Ltd and collected money from the poor persons for depositing in the account of different

Patna High Court CR. MISC. No.15786 of 2020(3) dt.28-08-2020 2/3 schemes. The informant also got opened account at Biraul Branch and deposited money and received bond but after maturity, the deposited money was not returned. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner has got no concern with the alleged non-banking finance company. No wrongful gain or wrongful loss has been caused to any one on the part of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No. 268 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.15786 of 2020(3) dt.28-08-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T