Indradeo Vidrohi @ Indradeo Prasad Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41271 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== INDRADEO VIDROHI @ INDRADEO PRASAD VERMA, Male, aged about 45 years, Son of Late Ramsaran Mahto, Resident of Village and P. O. - Khanzahanpur, P.S.- Buniyadganj, District - Gaya ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 04-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Buniyadganj P.S. Case No. 261 of 2018 for the offences alleged under Sections 406, 420, 384, 385 and 34 of the Indian Penal Code. The accusation is that informant, Ram Pawan Prasad, was given benefit of housing scheme under Indira Awas Yojna by providing two installments of Rs.50,000/- and Rs.1,00,000/- and he constructed the house. At that time the petitioner, being the husband of Parshad has taken Rs.7,500/- from the informant. Later on petitioner talked to informant to talk Rajdeo Prasad. When informant talked to Rajdeo Prasad he asked to give Rs.2,000/- for preparation of photograph then money will be credited in account.

The learned counsel appearing for the petitioner submits that it appears from the first information report itself that after taking Rs.1,50,000/-, in two installments, the informant constructed the house

Patna High Court CR. MISC. No.41271 of 2019(2) dt.04-07-2019 2/2 under the scheme of Indira Awas Yojna. According to him, at that time h had given Rs.7,500/- to the petitioner, but, later on demand of Rs.2,000/- was made. In fact, due to some village politics the informant lodged the present case after completing the construction of the house under Indira Awas Yojna. The petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Buniyadganj P.S. Case No. 261 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VIII, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure. (Rajendra Kumar Mishra, J) Shamshad/- U T