Lalji Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4097 of 2017 Arising Out of PS.Case No. -3 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Lalji Ram, S/o Arjun Ram, Resident of Village & P.O.- Matkipur, Police Station- Dhansoi, District- Buxar.

2. Sanjay Kumar @ Sanjay Kumar Singh, S/o Late Jagdish Prasad Singh, R/o Village- Juafar, P.S. Bhagwanpur, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashwini Kumar Rai For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 419, 420 and 406/34 of the Indian Penal Code.

Allegation against the petitioners is that they cheated the informant to the tune of Rs.75,000/- (rupees seventy five thousand) on false assurance of providing agency for preparation of Adhar Card through a NGO. There is allegation that Rs.3,000/- was deposited in the bank account of petitioner no. 1. However, the petitioners have produced the statement of bank account through supplementary affidavit to show that no money was deposited in the petitioners' account standing in the

Patna High Court Cr.Misc. No.4097 of 2017 (4) dt.08-04-2017 2/2 Axis Bank as alleged.

Learned Public Prosecutor submits that in the case diary, save and except, the oral statement of the informant, there is no other substantial material.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Kaimur at Bhabua/successor Court in connection with Bhabua Police Station Case No. 03 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Kundan/- (Birendra Kumar, J) U T