Krishana Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31363 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- TANDWA District- Aurangabad ====================================================== 1.

KRISHANA YADAV SON OF LATE CHANDRA YADAV R/O VILLAGEHARDASPUR, P.S.- TANDWAN, DISTRICT- AURANGABAD 2.

SIKANDAR PASWAN SON OF DOMAN PASWAN R/O VILLAGEHARDASPUR, P.S.- TANDWAN, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 406, 420, 504, 120B and 34 of the Indian Penal Code. The informant alleges that petitioner advised him to buy articles under Nal Jal Yojna from Shiv Shakti Sanitary Pipes, accordingly, cheque of an amount of Rs. 8 lacs was given to Santosh but material worth Rs. 2,32,694/- was only supplied, as such, an amount of Rs. 5,67,306/- was misappropriated. Learned counsel for the petitioner submits that petitioners are persons with clean antecedent and have been

Patna High Court CR. MISC. No.31363 of 2022(2) dt.22-11-2022 2/2 falsely implicated in the present case, it is next submitted that even cheque was issued in favour of Santosh and not in favour of the petitioners. The only allegation against the petitioners is that they had advised the informant for purchasing the articles from Shiv Shakti Sanitary Pipes but no amount in lieu thereof was given to them.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Tandwa P.S. Case No. 96 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T