Patna High CourtCR. MISC./2936/2017bail granted

Rajendra Yadav And ANR v. The State Of Bihar

2017-02-13Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2936 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -KHAIRA District- JAMUI ======================================================

1. Rajendra Yadav, son of Late Geno Yadav,

2. Sitaram Yadav, Son of Rajendra Yadav, Both resident of VillageFatehpur, P.S.- Khaira, District- Jamui. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Sri Ram Naresh Ray (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Khaira P.S. Case No. 246 of 2016, registered for the offences punishable under Sections 323, 354, 406, 420, 120B/34 of the Indian Penal Code.

Allegedly, the complaint petition which is the basis of this case bears allegation against one Rajendra Das whereas the complainant has made accused both the petitioners. As per the allegation Rajendra Das has cheated the amount of Rs. 25,000/- to get sanction loan of rupees one lakh.

Submission is of false implication and that prosecution story appears not probable and reliable. The

Patna High Court Cr.Misc. No.2936 of 2017 (2) dt.13-02-2017 2/2 petitioners are not employee of the Bank. The complainant only with a view to harass the petitioners have made accused to them. Against the petitioner no.2 there is no allegation and further the allegation is against one Rajendra Das and not against petitioner no.1.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 246 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T