Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51274 of 2016 Arising Out of PS.Case No. -151 Year- 2014 Thana -PHULWARIA District- GOPALGANJ ====================================================== Ashok Yadav S/o-Late Baran Yadav R/o Vilage-Phulwaria, P.S.-Fulwaria District-Gopalganj .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Fulwariya P.S. Case No. 151 of 2014, arising out of Complaint Case No. 2576 of 2014 for the offences instituted under Sections 406, 420, 467, 468, 471, 323/ 504 of the Indian Penal Code.

The allegation against the petitioner is that he has taken Rs. 3 lac in the name of providing a job to the informant after disclosing himself as nephew of the ex-chief minister. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.51274 of 2016 (2) dt.05-12-2016 2/2 petitioner. The occurrence is alleged to have been taken place between the year July, 2009 to 07.09.2014, in respect of which, a Complaint Case was filed on 05.11.2014. There is no chit of paper to support the allegation made by the complainant/informant that the petitioner had taken any money from the Complainant.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R./Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Fulwariya P.S. Case No. 151 of 2014, arising out of Complaint Case No. 2576 of 2014 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T