Ved Prakash Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10977 of 2017 Arising Out of PS.Case No. -128 Year- 2010 Thana -JHAJHA District- JAMUI ======================================================
1. Ved Prakash Verma, S/o Ram Chandra Prasasd Verma, Resident of Village- Hilsa Chowk Nalanda, P.S.- Nalanda, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner apprehends his arrest in connection with Jhajha P.S. Case No. 128 of 2010 (G.R. 729 of 2010), registered for the offences punishable under Sections 420, 406, 467, 468, 471, 120B of the Indian Penal Code and Section 138 of N.I. Act.
Allegedly, Ramniwas Verma brought the complainant at the Jewelry shop of Sanjay Verma where the petitioner, Sanjay Verma and Abhishek Pandey were present and Ramniwas Verma got acquainted the informant then Abhishek Pandey described as an officer of Idea and Voda phone company and after giving assurance that tower will be fixed upon the land
Patna High Court Cr.Misc. No.10977 of 2017 (3) dt.23-03-2017 2/3 of the informant and he will get Rs. 6,000/- per month as rental and with that assurance they took Rs. 1,30,000/- from the complainant (informant) out of which Rs. 30,000/- was given by way of bank draft in the name of Abhishek Pandey and Abhishek Pandey withdrew the said amount, but no tower was fixed at the land of the informant and then he started demanding his money thereafter Abhishek Pandey gave cheque of Rs. 10,000/- which was dishonored due to insufficient fund. The complainant then gave pleaders notice to the accused persons but they did not give reply.
Submission is of false implication and that against the petitioner there is no specific allegation for inducing of taking money, no transaction has taken place in presence of the petitioner and he was simply a sales man in the shop of Sanjay Verma, he is resident of Hilsa, District Nalanda having no concerned with the co-accrued, in the F.I.R. itself which is based on complaint petition there is no specific allegation against the petitioner and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that this is a case of the year 2010 and after seven years the petitioner has came for anticipatory bail. In the facts and circumstances as stated above,
Patna High Court Cr.Misc. No.10977 of 2017 (3) dt.23-03-2017 3/3 considering that against the petitioner there is no specific allegation and, as such, the petitioner in the event of his 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 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, in connection with Jhajha P.S. Case No. 128 of 2010 (G.R. 729 of 2010), subject to the conditions as laid down in section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rajiv/- U T