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Patna High CourtCR. MISC./35184/2017bail granted

Anil Pradhan And ANR v. State Of Bihar And ANR

2017-10-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35184 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Anil Pradhan Son of Sidhi Pradhan @ Sudhi Pradhan

2. Sidhi Pradhan @ Sidhnath Pradhan Son of Late Sudarshan Pradhan Both R/o Vill-Parsaganda, P.S. Sikraul, Dist.-Buxar. .... .... Petitioners

Versus

1. The State of Bihar

2. Uma Shanker Rai Son of Keshav Prasad Rai R/o Vill-Dumduma, P.S. Kudhnee, Dist.-Kaimur (Bhabhua) .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Adv. For the Opposite Party/s : Mr. Uday Chand Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406,420 and 120(B) of the Indian Penal Code. According to complaint petition, the petitioners posed themselves before the complainant that they are related to reliance company and for providing work for completion of 4.G Project cheated Rs. 50 lacs from the complainant.

Submission of the learned counsel for the petitioners is that there is no proof of payment of such amount.

Patna High Court Cr.Misc. No.35184 of 2017 (3) dt.17-10-2017 Co-accused has been allowed anticipatory bail by the learned court below.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the nature of allegation which is based on complaint petition and the fact that the complainant has no justification to give such a huge amount to the petitioners in cash, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No. 85 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T