Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4389 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- KOTWALI District- Munger ====================================================== Santosh Yadav, S/o Shiv Yadav Village- Ganga Nagar Lal Darwaja,P.S.- Kotwali, District-Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 467, 468, 471, 420 of the Indian Penal Code.

The prosecution case, in brief, is that having presented himself as an agent of Non-banking company, the petitioner on the pretext of doubling the amount, took Rs. 10,000/- from the informant and on demand, the petitioner refused to refund the money.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to

Patna High Court Cr.Misc. No.4389 of 2019(2) dt.30-01-2019 2/2 mistake of fact. The wife of the petitioner is happened to be an agent of a finance company. No money was collected by the petitioner. The petitioner is ready to deposit an amount of Rs. 15,000/- (fifteen thousand) which shall be subject to final outcome of the case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 15,000/- which shall be subject to final outcome of the case. On doing so, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 186 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T