Patna High CourtCR. MISC./19386/2017disposed

Uday Kumar Sah @ Uday Shankar Uday@Uday Shankar Sah v. State Of Bihar And ANR

2017-07-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19386 of 2017 Arising Out of PS.Case No. -685 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Uday Kumar Sah @ Uday Shankar Uday@Uday Shankar Sah, son of Bindeshwari Prasad Sah @ Bindeshwari Prasad Purbey, Resident of Village Hasanganj, P.S. Raniganj, Dist. Araria.

.... .... Petitioner/s

Versus

1. State of Bihar.

2. Sanjeev Kumar Thakur, son of Santlal Thakur, Resident of Village Abhiya Bazar, P.S. Gopalpur, Dist. Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Adv. Anil Kr. Anal, Adv.

For the Opposite Party/s : Smt. Renku Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Complaint Case No. 685 of 2015 registered for offences under sections 406, 420 and 34 of the Indian Penal Code. An allegation has been made in the name of making arrangement for job, the petitioner and other two persons have taken an amount of Rs. 2,50,000/- from the Informant. Learned counsel for the petitioner submits that he has taken Rs. 60,000/- only and he and one other co-accused person have already returned the money except one Binod Mandal who has to return the rest of the amount to the Informant.

Patna High Court Cr.Misc. No.19386 of 2017 (4) dt.06-07-2017 Learned counsel for the petitioner further submits that an application has been filed by the Complainant before the court below for withdrawal of the case against the present petitioner. The court below is directed to hold an enquiry about the return of the money to the Complainant, Sanjeev Kumar Thakur. If the statement of Sanjeev Kumar Thakur goes in favour of the petitioner, he will be granted bail on his surrender before the court below and if the findings goes against him, then the court below will take the petitioner into custody.

(Shivaji Pandey, J) Rishi/- U T