Chandra Shekhar Pandit And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71469 of 2018 Arising Out of PS. Case No.-1178 Year-2014 Thana- KHAGARIA COMPALINT CASE District- Khagaria ======================================================

1. Chandra Shekhar Pandit, Son of Vishnudeo Pandit, Resident of VillageAmni, Police Station- Mansi, District- Khagaria.

2. Sitaram Pandit, Son of Late Baijnath Pandit, Resident of Mohalla- Awas Board, Police Station- Chitragupta Nagar, District- Khagaria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Tarni Prasad Yadav, Son of late Chamru Yadav, Resident of Village/ Mohalla Khagaria, Ward No. 3, Police Station and District- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Kishor Poddar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 406 and 420 of the IPC.

The prosecution case, as per the complaint petition, is to the effect that the complainant paid Rs. 6 lacs to the petitioner for getting his son employed in Border Security Force, but neither his son was employed, nor the money was returned. It is submitted by learned counsel for the petitioner that there is no proof with regard to payment to the petitioner. A

Patna High Court Cr.Misc. No.71469 of 2018(2) dt.09-01-2019 2/2 statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that after finding prima facie case, cognizance has been taken against the petitioner. Considering the fact that the complainant tried to get his son employed through illegal means, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Khagaria in connection with Complaint Case No. 1178C of 2014, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T