Vrij Nandan Patel @ Vrij Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29724 of 2021 Arising Out of PS. Case No.-226 Year-2020 Thana- PARIHAR District- Sitamarhi ====================================================== VRIJ NANDAN PATEL @ VRIJ NANDAN KUMAR S/o Ram Bahadur Patel R/o village- Mahadeopatti, P.S.- Parihar, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Jha, Adv For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Petitioner who is in custody since 26.12.2020 seeks bail in connection with Parihar P.S. Case No. 226 of 2019 for offences punishable under Sections 311, 406, 420, 467, 468, 471, 323, 504 and 506/34 of the Indian Penal Code. As per complaint, petitioner and another co-accused persons induced the informant and some witnesses, named in the complaint petition and took money from them on a false assurance that they would provide employment to them in foreign countries. It has further been alleged that for the said purpose, they fabricated certain documents in name of Visa etc. and fraudulently got transferred Rs. 7,20,000/- in total so far as present informant is concerned. It has been alleged in the FIR
Patna High Court CR. MISC. No.29724 of 2021(2) dt.20-12-2021 2/3 that the informant has transferred Rs. 30,000/- by mobile banking mode to the petitioner.
Learned counsel appearing on behalf of the petitioner submits that he has returned the money which was received by him through mobile transaction to the informant. Learned A.P.P., however, opposes the prayer for bail. Considering the aforementioned facts and circumstances and specific averment made in paragraph No. 9 of the application that informant has received money and in this regard, an affidavit has also been filed in the Court below on 21.12.2020. After verifying the affidavit dated 21.12.2020 and ascertaining as to whether the informant has been paid as per the averment made in the affidavit, the petitioner above named is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Rakesh Kumar J.M. Ist Class, Sitamarhi in connection with Parihar P.S. Case No. 226 of 2019 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.29724 of 2021(2) dt.20-12-2021 3/3 properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Niraj/- U T