Jagdish Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18440 of 2015 Arising Out of PS.Case No. -142 Year- 2010 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Jagdish Sah Son of Late Ramdeo Sah

2. Rajesh Kumar @ Rajesh Son of Jagdish Sah

3. Manish Kumar @ Manish Son of Jagdish Sah All Resident of Nanank Sharan Gali, Chhata Bazar, P.S.- Muzaffarpur Town, District- Muzaffarpur. .... .... Petitioners

Versus

1. The State of Bihar

2. Jai Prakash Sarraf, son of Bhola Pd. Sarraf, resident of Mohalla Kedarnath Road, P.S. Town, Dist. Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Muzaffarpur Town P.S.Case No. 142 of 2010 registered under Sections 420, 406 and 323/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that an out and out false case has been made out against these petitioners and in fact the informant has not been able to produce any chit of paper to show that the petitioners ever took loan from the informant for expanding their business. It is further submitted that

Patna High Court Cr.Misc. No.18440 of 2015 (5) dt.08-10-2015 though the opposite party No.2 had taken several adjournments till date no chit of paper has been produced so as to substantiate the case against the petitioners.

Considering the aforementioned facts and circumstances and that the opposite party is unable to explain as and when, at what point of time and what cheque numbers the petitioners were given for the aforementioned loan, let the petitioners, above named, in the event of their arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Muzaffarpur Town P.S.Case No. 142 of 2010 to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) spal/- U