Yogesh Kumar @ Yogesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27219 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -BARH District- PATNA ====================================================== Yogesh Kumar @ Yogesh Sharma son of Ram Sagar Sharma, Resident of village- Jagdal, Police Station- Birpur, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 420, 467, 468, 120B and 34 of the Indian Penal Code.

Allegation against the petitioner is that he on the pretext of providing job had taken money from the informant and four other persons and issued to them appointment letters which were found to be forged. Thus, informant and others were cheated by the petitioner.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. The alleged date of occurrence is 21.1.2013 but F.I.R. has been lodged on 15.2.2016. The delay has not been explained by the prosecution. There is no documentary evidence to show that the petitioner is involved in the present case. It is further submitted that the petitioner is ready to deposit an amount of Rs.2 lacs in the court below within a period of three months which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.27219 of 2016 (2) dt.13-07-2016 2/2 Considering the aforesaid facts and circumstances, It is directed that petitioner shall deposit an amount of Rs.2 lacs within a period of three months which shall be subject to the final disposal of the case.

Let the above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Barh, District-Patna, in connection with Barh P.S. Case no. 59 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If the petitioner deposits the entire amount within a period of three months, the provisional bail granted to the petitioner shall be confirmed by the court below. (Sudhir Singh, J) sudip/- U T