Birendra Yadav @ Birendra Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78617 of 2018 Arising Out of PS. Case No.-979 Year-2013 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Birendra Yadav @ Birendra Kumar S/o- Ram Charitar Yadav, Resident of Village- Bishunpur, P.O.- Berka, P.S.- Makhdumpur, District- Jehanabad. ... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Sri Chand Yadav, S/o- Dashrath Yadav, Resident of Village- Pranpur Tola, Akal Bigha, P.S. Belaganj, District- Gaya.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a complaint case in which cognizance has been taken under section 420 of the IPC. Petitioner is jail custody since 11.9.2018 on the charge that he took Rs one lakh in advance for transferring his land in favour of the complainant but subsequently, he transferred the said land to another person and also refused to return the amount of the complainant.
Submission on behalf of the petitioner is that no agreement, as averred in the complaint petition, has ever been entered into between complainant and petitioner and, as a matter
Patna High Court Cr.Misc. No.78617 of 2018(2) dt.18-01-2019 2/2 of fact, complainant has brought this false case due to some ulterior motive.
Considering the facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate X, Gaya in Complaint Case no. 979/2013. (Hemant Kumar Srivastava, J) s.hassan/- U T