Shashi Shekhar Rai @ Shashi Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18573 of 2018 Arising Out of PS.Case No. -493 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Shashi Shekhar Rai @ Shashi Shankar Rai, S/o Rajnath Rai, R/o village- Khoripakar, P.S.- Garkha, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant (complainant).

The petitioner seeks pre-arrest bail in connection with Garkha P.S.Case No. 493 of 2017 registered under Sections 406, 468, 471, 420 and 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that there is no truth behind the allegation that the informant had handed over any money to the petitioner in order to secure job for his son. He submitted that save and except oral allegation made in the FIR, there is no proof to support that any amount was transferred to the account of the petitioner by the informant. He submitted that the informant himself is a fraud and

Patna High Court Cr.Misc. No.18573 of 2018 (2) dt.06-04-2018 2/2 is trying to extract money from the petitioner by lodging a false case on the basis of some forged document created by him. On the other hand, learned counsel for the informant submitted that the petitioner promised to provide job to the son of the informant in Railway by obliging some higher officials and on that pretext he took a sum of Rs. 11 lakhs from different persons including Rs.2.35 lakhs, which was paid by the informant. Be that as it may, since the agreement itself was for a wrong purpose and there is no cogent documentary evidence in this regard, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on 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 learned Sub-Judge-II-cum-ACJM-II, Saran at Chapra in connection with Garkha P.S.Case No. 493 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T