Ram Prasad Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73117 of 2018 Arising Out of PS. Case No.-1173 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ======================================================

1. Ram Prasad Bhagat, Son of Late Ram Bilas Bhagat, Resident of villageHarsinhpur, P.S. Runi Saidpur, Dist. Sitamarhi.

2. Mahesh Bhagat, Son of Late Sitalal Bhagat, Resident of village Harsinhpur P.S. Runi Saidpur, District-Sitamarhi.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Indradev Bhagat son of late Chhotu Bhagat, Resident of village-Manechauk Tola Harisinhpur P.S. Runi Saidpur Dist-Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 1173 of 2016, disclosing offences under Sections 406 and 120B of the Indian Penal Code. One Ful Babu is said to be the person in-charge of Maa Janki Agro Agency, Dumra, Sitamarhi. Allegedly, he induced the complainant to pay a sum of Rs. 25,000/- for getting a loan financed by the Bank. The allegation against the petitioners is that they were assisting the main accused. The amount was taken by the said Ful Babu describing himself to be owning the Maa Janki Agro Agency, Dumra, Sitamarhi.

Patna High Court Cr.Misc. No.73117 of 2018(2) dt.19-12-2018 2/2 Considering the fact that there is no specific allegation against these petitioners that any amount was entrusted to them, I find that a case for grant of anticipatory bail is made out. This application is, accordingly, allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the court below, 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 the learned Chief Judicial Magistrate, Sitamarhi in Complaint Case No. 1173 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U