Patna High CourtCR. MISC./55722/2016bail granted

Md. Riyaz Ali v. State Of Bihar And ANR

2017-01-12Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55722 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -COMPLAINT CASE District- BANKA ====================================================== Md. Riyaz Ali, Son of Md. Raja Ali, Resident of Mohalla- Babu Tola, Ward No.7, Banka Nagar Panchayat, P.S.+District- Banka. .... .... Petitioner

Versus

1. The State of Bihar.

2. Fuleshwar Yadav, Son of Dipu Yadav, Resident of Village- Malhouri Chak, P.S.- Katoria, District- Banka.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 12 of 2015, registered under Sections 420, 467 and 471/34 of the Indian Penal Code.

The accusation is that on assurance of the petitioner Md. Riyaz Ali, complainant, paid Rs. 1,15,000/- on three different dates to the petitioner in presence of his father and brother for providing the job in Railway Department, but the job was not provided nor the money was returned by the petitioner.

Learned counsel for the petitioner submits that, in fact, on 26.09.2013, Ram Ranjan Yadav, son of the complainant, had taken a loan of Rs. 80,000/- with assurance to return the same within two

Patna High Court Cr.Misc. No.55722 of 2016 (2) dt.12-01-2017 2/2 months regarding which an agreement was also executed, but the said money was not returned and only to put undue pressure the present case has been lodged.

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 Sub-Judge-III-cum-ACJM-III, Banka in connection with Complaint Case No. 12 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T