Parshuram Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45416 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -KATEYA District- GOPALGANJ ======================================================

1. Parshuram Yadav, S/o Bhagirath Choudhary,

2. Bhagirath Choudhary S/o Shiv Nandan Choudhary, Both R/o Vill.- Mahanthawan, P.S.- Kateya, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Chaudhary, Advocate The Opposite Party/s : Mr. Sri Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Kateya P.S.Case No. 97 of 2018, registered for offences punishable under Sections 406, 420, 467, 468, 471 and 120 (B) of the Indian Penal Code.

As per F.I.R. allegation against the petitioner No. 1 is to collect Rs. 45, 00,000/- on the pretext for preparing Visa and providing job but after expiry of the date, the informant and others demanded their money upon this petitioners assaulted the informant.

Submission for the learned counsel for the petitioners is that the petitioners have falsely been implicated in this case and they have not taken money from the informant and from the

Patna High Court Cr.Misc. No.45416 of 2018 (2) dt.02-08-2018 2/2 F.I.R. it appears that there is a civil dispute between them and the petitioners have no criminal antecedents. It is also submitted that the petitioner No. 2 is father of the petitioner No. 1 and there is no allegation against petitioner No. 2.

Heard learned A.P.P., who opposes the prayer for bail. However, in the facts and circumstances, I am not inclined to grant bail to the petitioner No.1 and if the petitioner surrender before the Court below and make prayer for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

So far the case of petitioner No. 2, above named, surrender be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XV, Gopalganj in connection with Kateya P.S.Case No. 97 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. With this observation, this application is disposed of. (Vinod Kumar Sinha, J) Sudha/- U T