Mukesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53905 of 2024 Arising Out of PS. Case No.-179 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== Mukesh Kumar Yadav Son Of Hareram Yadav Resident Of Village - Phulwariya, P.S. - Rudrapur, District - Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Adv.
For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Rudrapur P.S. Case No. 179 of 2022 dated 08.11.2022, instituted for the offence punishable under Sections 406, 419 and 420 of the Indian Penal Code.
3. The allegation against the petitioner is that he took Rs. 1,55,000/- on different dates from the informant in the name of getting enrolled in B.Ed. in Veer Bahadur Singh Purvanchal University but after receiving the money the petitioner started procrastinating for enrollment. When the informant put pressure for enrollment then the petitioner told the informant that he does not need to get enrolled instead he will provide him the certificate without enrollment.
Patna High Court CR. MISC. No.53905 of 2024(2) dt.28-08-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that as per the F.I.R. the occurrence is of 28.07.2019, 17.09.2019 and 22.12.2019 but the informant lodged the F.I.R. on 08.11.2022 after lapse of about three years. It is submitted that the informant had taken a loan of Rs. 1.5 lacs from the petitioner but when the petitioner asked his money, the informant said that he would pay on different dates and finally filed a false case against him. It is also submitted that the informant has not filed any chit of paper to show that petitioner has received any amount from the informant. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rudrapur P.S. Case No. 179 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist, Jhanjharpur, Madhubani, subject to
Patna High Court CR. MISC. No.53905 of 2024(2) dt.28-08-2024 3/3 condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T