Dinesh Prasad Yadav @ Dinesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26954 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== DINESH PRASAD YADAV @ DINESH KUMAR YADAV S/O RUDAL RAI R/O Village- Chintamanpur, P.S- Paroo, Distt.-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sonu Kumar Yadav S/O Devendra Prasad Yadav R/O Village and P.OSarmstapur, P.S- Paroo, Distt.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379/420 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his son studies in Modern Private School of the petitioner, it is next alleges that petitioner called him and other guardians of the students and asked them to install BP PLC App and thereafter an amount of Rs. 1,12,200/- was withdrawn from his account further money was also withdrawn from account of

Patna High Court CR. MISC. No.26954 of 2023(2) dt.17-07-2023 2/3 other guardians who had also installed the said App.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is next submitted that he is running a school in the name of Modern Private School and thus no prudent businessman would bring disrepute to his own business.

5. It is next submitted that the informant was known to the petitioner and as such, he had come to the school to meet him when it was informant who disclosed about the said App being widely circulated on Facebook on account of which even the petitioner had also installed the said App but later money was also withdrawn from his account.

6. Learned counsel for the petitioner submits that petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the Investigating Officer for eliciting the truth.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.26954 of 2023(2) dt.17-07-2023 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Paroo P.S. Case No. 01 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9. However, it is made clear that in the event, if the investigating officer of the case filed an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not cooperating in the investigation or is not presenting himself as and when required the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

10.

Let a copy of this order be sent to the concerned P.S. through the learned trial court. 11.

Further, it is made clear that in the event if charge-sheet is submitted connecting the petitioner with the offence the present anticipatory bail order shall loose its effect. (Satyavrat Verma, J) Adnan/- U T