Jitendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6675 of 2016 Arising Out of PS.Case No. -173 Year- 2013 Thana -SAHPUR District- BHOJPUR ======================================================

1. Jitendra Kumar Yadav Son of Sadhu Saran Yadav, Resident of Village - Paiga, P.O. - Gundi, P.S. - Barhara, District - Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 420/ 467/468/406/323/504 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is that he along with other coaccused persons had cheated rupees one lac on the pretext of installation of a tower over the plot of land belonging to the informant. It is further alleged that the petitioner and other coaccused persons prepared a forged agreement and embezzled an amount of rupees one lac. It is stated by the petitioner that no such occurrence even took place and the petitioner is a co-villager and has been drawn unnecessarily into the present case only because

Patna High Court Cr.Misc. No.6675 of 2016 (3) dt.03-05-2016 P2/2 he was a witness in another agreement.

Learned counsel appearing on behalf of the State after perusing the case diary submits that two of the witnesses have supported the case, however, there is no eye-witness to indicate that the aforesaid money was handed over to the petitioner in their presence.

Considering the vague nature of allegations made and that there is no eye-witness to the money changing hands, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Ara, Bhojpur in connection with Sahpur P.S. Case No. 173/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T