Chandra Shekhar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8279 of 2016 Arising Out of PS.Case No. -157 Year- 2014 Thana -ANDER District- SIWAN ====================================================== Chandra Shekhar Upadhyay Son of Brij Mohan Upadhayay Resident of Village- Hujhujipur P.S. Andar District Siwan (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar Mishra, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420 and 406/34 of the Indian Penal Code registered in connection with Andar P.S. Case No. 157 of 2014.

3. It is submitted that the petitioner has been falsely implicated as there is no chit of paper to support the informant's claim having paid Rs. 90,000/- to the petitioner for sending his son to Japan. It is further submitted that the informant has successively instituted first information reports in Ander P.S. Case Nos. 156 and 158 of 2014 for the same offence and on the same date.

4. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or

Patna High Court Cr.Misc. No.8279 of 2016 (2) dt.18-04-2016 2/2 surrender of the petitioner before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Ander P.S. Case No. 157 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) B.T/- U