Patna High CourtCR. MISC./7300/2016bail granted

Brij Mohan Upadhyay v. The State Of Bihar

2016-02-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7300 of 2016 (2) dt.16-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7300 of 2016 Arising Out of PS.Case No. -156 Year- 2014 Thana -ANDER District- SIWAN ======================================================

1. Brij Mohan Upadhyay Son of Late Thakur Upadhyay resident of Village - Hujhuipur, P.S. - Andar District - Siwan (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

The present case has been lodged on the basis of complaint petition filed by the informant against the petitioner and his son and it is alleged that petitioner and his son took Rs 90,000/- from the informant to send his son abroad but neither son of the informant was sent to abroad nor the aforesaid money was returned to him. The contention on behalf of the petitioner is that informant wanted to purchase some lands from the petitioner and when the petitioner refused to transfer the said land, informant lodged this false case and moreover, there is no documentary evidence to show that the petitioner had taken any money from the informant. Petitioner is in jail custody since 22.08.2015 and investigation against him has already been completed and it appears that further detention of the petitioner is not warranted.

Patna High Court Cr.Misc. No.7300 of 2016 (2) dt.16-02-2016 Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Andar P.S. Case no. 156/2014.

shahid (Hemant Kumar Srivastava,J) U T