Raj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25069 of 2017 Arising Out of PS.Case No. -175 Year- 2016 Thana -LAUKHA District- MADHUBANI ====================================================== Raj Kumar Sharma Son of Brahmdeo Thakur, Resident of Narayanpur, P.S. Laukaha, District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Laukaha P.S. Case No. 175 of 2016 registered for offences under sections 406, 420 of the Indian Penal Code. In the First Information Report, the petitioner, an Amin, has acted as a middleman for sale of land. As per allegation, he has given an impression to the Informant that he will materialize the sale of the land and given Rs. 1,35,000/- and assured the Informant that rest of the amount i.e. Rs. 65,000/- will be given by him after one week. After execution, when the vendor approached to the vendee, he was communicated that he had already given money to the petitioner but, when he approached to

Patna High Court Cr.Misc. No.25069 of 2017 (2) dt.13-07-2017 the petitioner for the money, he denied the payment. Learned counsel for the petitioner submits that he has not taken money and all the money has been paid to Informant and as it is the extra money, the same is not permissible. If the petitioner deposits Rs. 65,000/- in the court below, the court below will be obliged to invest the same either in the bank or in the post office which may earn its maximum interest and release of money will be dependent on the final outcome of the case.

Thus, if the petitioner deposits Rs. 65,000/- in the court below within a period of three weeks from today, let the petitioner, namely, Raj Kumar Sharma, in the event of his arrest or surrender before the court below within a period of three weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri M. Mishra, learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 175 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) Rishi/- U T