Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37137 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -NAUTAN District- SIWAN ======================================================

1. Upendra Yadav, S/o Anirudh Yadav, resident of Bangarua, P.S.- Bankata, District- Deoria (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with A.B.P. No.2072 of 2016 arising out of Nutan P.S.Case NO.150 of 2016, registered for offences punishable under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code. Allegation against the petitioner and other accused persons is of taking Rs.01 lakh for providing Visa and when the Visa was provided to the informant, the same was found to be forged. Submission of the learned counsel for the petitioner is that he has been made accused in this case only on the basis of suspicion. It is further submitted that one of the co-accused, Dhirendra Yadav, has been granted bail by this Court, vide order dated 14.2.2017 passed in Cr. Misc. No.1638 of 2017.

Patna High Court Cr.Misc. No.37137 of 2017 (2) dt.19-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of four weeks and make prayer for regular bail, which will be considered by the learned court below on the basis of the fact that another co-accused has been granted bail by this Court. Considering the aforesaid aspect of the matter, the learned court below will pass appropriate order, if possible on the same day.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T