Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33376 of 2019 Arising Out of PS. Case No.-6 Year-2017 Thana- AWTARNAGAR District- Saran ====================================================== VIJAY RAI, Son of Mahavir Rai Resident of Village- Durbela, P.S.- Dariyapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najmul Hoda For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Awtarnagar P.S. Case no. 06 of 2017, registered under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code.

The accusation is that Jaddu Ram and Vijay Rai came at the door of the complainant in the evening of 05.05.2013 and asked him to manage the loan from Magma Finance Company for construction of house and selfemployment. On 08.05.2013, Jaddu Ram and Vijay Rai accompanied the complainant at petrol pump and introduced a person to the complainant as the officer of the finance company. Thereafter, petitioner and others took signature of complainant on several papers, but in spite of passing over two months loan amount was not given to the complainant then he

Patna High Court CR. MISC. No.33376 of 2019(2) dt.21-05-2019 2/2 asked to Jaddu Ram, who replied that they have purchased tractor in his name and they will pay the installment. After some time, complainant was apprehended by the Police then he came to know that Jaddu Ram and Vijay Rai took the loan in the name of complainant and never deposited any installment to the Bank.

Learned counsel for the petitioner submits that, in fact, co-accused Jaddu Ram, who is the son-in-law of the complainant Nagina Ram, who have taken the tractor on taking loan in the name of complainant. The petitioner being the covillager of the Jaddu Ram has falsely been implicated in this case. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.XI, Chapra in connection with Awtarnagar P.S. Case No. 06 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T