Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20854 of 2017 Arising Out of PS.Case No. -13 Year- 2016 Thana -HATHUA District- GOPALGANJ ======================================================

1. Ashok Singh, S/o Late Radha Kishun Singh, R/o Village- Kolhata, P.S. Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 120(B), 420 and 406 of the Indian Penal Code.

Complaint based FIR reveals that allegation against the petitioner is that he cheated to the complainant by taking Rs.95,000/- in different installments for managing passport and visa for the son of the informant. The cheating was detected when the passport and visa as well as air ticket were found forged, at the time of boarding at Mumbai.

Submission of the learned counsel for the petitioner is that the case diary would reveal that no such paper has been produced to show that any visa or passport was there with the

Patna High Court Cr.Misc. No.20854 of 2017 (3) dt.01-07-2017 2/2 complainant during the course of investigation. There is no proof of payment to the petitioner, hence, whole allegation is there without any substance to stand during trial.

Finding substance in the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, Gopalganj/successor Court in connection with Hathuwa Police Station Case No. 13 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T