Madan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1024 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Madan Yadav Son of Late Hira Yadav
2. Radheshyam Yadav Son of Late Mahavir Yadav
3. Sunil Sah Son of Kanor Sah
4. Jaiprakash Kumar Son of Harendra Prasad
5. Manoj Yadav Son of Nagina Yadav All resident of village - Tadhwanandpur, P.S.- Bairiya, District - West Champaran. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Umesh Chandra Verma For the Opposite Party : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420, 468/34 of the I.P.C.
It is alleged that petitioners took loan of Rs. 1,40,000/- each for construction of cow-shed and Rs. 40,000/- each for the purchase of cow under the scheme of Gaiya Vikash Yojana from the Central Bank of India, Bairiya Branch but they neither constructed the cow-shed nor purchased the cow and misappropriated the loan amount.
It is submitted by learned counsel for the petitioners that petitioners accept taking of loan and they
Patna High Court Cr.Misc. No.1024 of 2015 (2) dt.13-01-2015 2/2 undertook to return the said amount to the bank. It is further submitted that even assuming the accusation the offence under Section 406, 420, 468/34 of the I.P.C is not made out. Considering the nature of accusation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bairiya P.S. Case No. 66 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T