Rajnandan Prasad @ Niranjan Mahto @ Sadhu Ji v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54336 of 2016 Arising Out of PS.Case No. -272 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Rajnandan Prasad @ Niranjan Mahto @ Sadhu Ji, S/o Arjun Mahto, Resident of Village - Salalpur, P.S. - Barh, District - Patna .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.
The petitioner seeks bail in connection with Complaint Case No.272(C)/2015 registered for the offences punishable under Sections 323, 420, 406, 504 of the Indian Penal Code. Allegedly, the petitioner took Rs.3 lakhs to provide job in FCI from the complainant and witness No.1, Krishna Murari Kumar but they were cheated and the amount has also not been returned and further the petitioner and others assaulted the complainant and witnesses.
Submission is of false implication and that other co-accused has been allowed regular bail by the learned Court below itself on the basis of compromise and the petitioner is suffering in custody
Patna High Court Cr.Misc. No.54336 of 2016 (3) dt.10-01-2017 2/2 since 20.10.2016. The petitioner has been made victim at the instance and as such he deserves sympathetic consideration. Learned APP duly assisted by learned counsel for the complainant opposes the prayer of bail by submitting that the petitioner has taken Rs.3 lakhs and has given receipt duly stamped.
In the facts and circumstances stated above considering that the case of the complainant is hit the principal of paridlicto and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Barh, Patna in connection with Complaint Case No.272(C)/2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Sanjeev/- U T