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Patna High CourtCR. MISC./40839/2014rejected

Binod Yadav v. The State Of Bihar

2015-03-25Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40839 of 2014 Arising Out of PS.Case No. -41 Year- 2014 Thana -ISMILEPUR District- BHAGALPUR ====================================================== Binod Yadav .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ismailpur P.S. Case No. 41/2014 arising out of Complaint Case No. 540/2014, registered for the offences punishable under Sections 406, 420, 120B, 341, 323 and 504 of the Indian Penal Code, pending in the court of learned A.C.J.M., Naugachia, District- Bhagalpur.

Learned counsel for the petitioner submits that he has played no role and the allegation against accused no.3 of the complaint and not the petitioner.

However, after perusal of the records it appears that this petitioner along with accused no.3 had participated in collecting the money from the complainant and on maturity has refused to

Patna High Court Cr.Misc. No.40839 of 2014 (2) dt.25-03-2015 2/2 return back the money to the complainant.

Considering the aforesaid submissions, I am not inclined to grant anticipatory bail to the petitioner. However, if the petitioner surrenders before the learned court below within two weeks from the date of receipt/ production of a copy of this order, learned court below will consider his prayer for bail on its own merit.

(Anjana Mishra, J) singh/- U