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Patna High CourtCR. MISC./38143/2015bail granted

Obyed Miyan v. The State Of Bihar

2015-11-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38143 of 2015 Arising Out of PS.Case No. -145 Year- 2015 Thana -GOGRI District- KHAGARIA ======================================================

1. Obyed Miyan son of Md. Akhtar Hossain, resident of Baluachara, Police Station Kaliachak, District- Malda (W.B.).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named but in course of investigation, he was apprehended by the police while he was withdrawing some amount from the ATM and after that petitioner disclosed that he had given huge amount to one Anil who happens to be friend of one of the victims of the present case and thereafter, petitioner called the victims of the present case and took them under his captive and demanded money from their respective family members.

Learned counsel for the petitioner submits that as a matter of fact, the victims had themselves taken huge amount from the petitioner in the name of supply of labourers and neither they

Patna High Court Cr.Misc. No.38143 of 2015 (3) dt.06-11-2015 2/2 returned the amount nor supplied the labourers and as a matter of fact, the wife of one of the victims lodged this false case. Considering the aforesaid facts and circumstances as well as this aspect of the matter that petitioner does not have any criminal antecedent and is languishing in jail custody since 10.04.2015, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ankur Gupta, Judicial Magistrate 1st Class, Khagaria in connection with Gogri (Poura) P.S. Case No. 145 of 2015, subject to condition that one of the sureties must be local.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T