Panchanand Pandit And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25019 of 2014 Arising Out of PS.Case No. -1606 Year- 2012 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Panchanand Pandit S/o Late Bhubneshwar Pandit Resident of Village Kurmichak, Police Station Godda, District Godda (Jharkhand).

2. Sudhakar Prasad Singh S/o Laddu Singh Resident of Village Raja Tower, Police Station Shambhuganj, District Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard the parties.

In this application for anticipatory bail the petitioners apprehend their arrest for the offence punishable under sections 406, 420, 467, 468, 471 and 120 (B) of the I.P.C. Allegedly, the petitioners cheated the complainant by taking the amount of Rs. 1,50,000/- on the assurance for providing job and thereafter gave forged joining letter. Submission is of false implication submitting that the petitioners have got no concern. The petitioners have also been cheated. The job of the petitioners was in regard to sale and purchase of goods but not to provide job.

Patna High Court Cr.Misc. No.25019 of 2014 (3) dt.22-01-2015 2/2 The learned A.P.P. duly assisted by the learned counsel for the Complainant opposes the prayer for pre-arrest bail by submitting that the petitioners were also in collusion and conspiracy with accused nos. 1 and 2, namely, Krishna Kant Sharma and wife of Krishna Kant Sharma.

As the petitioners themselves entered into an illegal agreement for taking job on payment of bribe money and now they want to take recourse of the law and as such under the principles of paridelicto the above named petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Bhagalpur in Complaint Case No. 1606 of 2012, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T