Naresh Chandra Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53870 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Naresh Chandra Das, S/o Late Lakhi Ram, R/o Bhagwabari, P.S.- Katihar Town, Distt- Katihar.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Katihar (M) P.S. Case No. 91/2015 registered under Sections 420, 406, 467, 468, 471 and 120-B read with 34 of the Indian Penal Code.
It is contended that the allegation made in the FIR would constitute an offence against the informant of the case himself. It is further contended that for violation of an agreement, the consideration or object of which itself is forbidden by law would not constitute any offence. It is also
Patna High Court Cr.Misc. No.53870 of 2015 (2) dt.08-12-2015 2 / 2 contended that the allegations made in the FIR relate to a void contract as the informant of the case wanted to obtain job by payment of illegal gratification.
On the other hand, learned counsel for the State has contested the matter. He has submitted that the petitioner has cheated the informant of the case in the name of arranging a job for him on payment of Rs. 75,000/-.
Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar (M) P.S. Case No. 91 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T