Gopal Paswan @ Gopal Kumar Paswan And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12927 of 2015 Arising Out of PS.Case No. -2927 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Gopal Paswan @ Gopal Kumar Paswan Son of Haribans Paswan

2. Manoj Paswan Son of Haribans Paswan Both resident of Mohalla - Darivertola, P.S. - Katihar Town, District - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Laxman Yadav Son of Late Darogi Yadav Resident of Village - Milik Pokhar Kanna, P.S. - Manihari, District - Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bidhan Chandra Jha, Advocate For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2015 The petitioners are apprehending their arrest in connection with Complaint Case No. 2927 of 2013 for the offence under Sections 420, 406, 467, 468, 120, 504 of the Indian Penal Code and 138 of the Negotiable Instrument Act. Heard learned counsel for the petitioners and the State.

The prosecution story, in brief, is that the petitioner no. 1 took agency in the name of his wife Punam Devi. Petitioner no. 2 and other accused collected money from the complainant at the rate of Rs. 600/- per day and also gave receipt. Therefore, cheated hard earning money of the complainant and refused to return the amount. It is submitted on behalf of the petitioners that no

Patna High Court Cr.Misc. No.12927 of 2015 (2) dt.21-05-2015 documentary evidence has been produced by the complainant to show that the petitioners in any manner has committed fraud with the complainant. It has further been submitted that the petitioners shall deposit an amount of Rs. 15,000/- each in the leaned court below which may be subject to the final disposal of the case.

On behalf of the State, it has been submitted that the petitioners are named in the complaint petition. Considering the aforesaid facts that the petitioners are directed to deposit an amount of Rs. 15,000/- each in the leaned court below which shall be subject to the final disposal of the case, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of eight weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Katihar in connection with Complaint Case No. 2927 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sudhir Singh, J) P.K./- U T