Madan Prasad Srivastva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60002 of 2022 Arising Out of PS. Case No.-678 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== MADAN PRASAD SRIVASTVA Son of Late Nanda Prasad Resident of Mohalla- Idgah Mohalla, Ward No. 23, P.S.- Dehri(Town), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Dehri (Town) P.S. Case No.678 of 2020, registered for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code.

The allegation against the petitioner is that he received Rs.3,80,000/- of the informant through co-accused, Ganga Vishun Singh Yadav for getting him qualified in Daroga Exam. When the informant could not qualify the Daroga Exam, he demanded his money back and out of which only Rs.85,000/- was returned to the informant and the petitioner did not return the remaining amount.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.60002 of 2022(2) dt.09-01-2023 2/2 present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioner has already returned the amount to the informant (Annexure-3). Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dehri, Rohtas in connection with Dehri (Town) P.S. Case No.678 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T