Vinoy Sah @ Binoy Sah @ Vinay Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20825 of 2018 Arising Out of PS. Case No.-7823 Year-2015 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Vinoy Sah @ Binoy Sah @ Vinay Sah, S/o Rajendra Prasad @ Rajendra Sah, R/o Bhopatpura, P.S.- Bhore, District- Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ozir Ansari S/o Late Ramman Ansari, R/o Village- Rampur Tole, Panditpura, P.S.- Bhore, District- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushant Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and the learned counsel for the complainant.

The petitioner apprehends arrest in Complaint Case No.7823 of 2015, Tr. No.2407 of 2017 instituted for the offence under Sections 406 of the IPC.

In the written report, it is alleged that this petitioner took Rs. 50,000/- and passport, from son and son-in-law of the complainant for sending them abroad within six months. But the accused petitioner neither provided visa nor returned the money. Counsel for the petitioner submits that there is no any supporting document to show that the money was paid by the complainant and mere and vague allegation has been leveled against the petitioner.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.20825 of 2018(3) dt.11-05-2018 2/2 allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 7823 of 2015, Tr. No. 2407 of 2017 to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) khushbu/- U T