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Patna High CourtCR. MISC./76138/2018partly allowed disposal

Chandan Yadav And ORS v. The State Of Bihar

2018-12-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76138 of 2018 Arising Out of PS. Case No.-536 Year-2018 Thana- MOHANIYA District- Bhabhua (Kaimur) ======================================================

1. Chandan Yadav, Son of Umesh Prasad, Resident of Village-Basodih, P.S. Satgaon, District Kodarma (Jharkhand).

2. Sonu Kumar, Son of Vijay Soni, Resident of Village-Barkagaon, P.S. Barkagaon, District Hazaribagh (Jharkhand).

3. Pappu KUmar Das, Son of Mohan Das, Resident of Village-Jawa Tari, P.S. Barhat, District Jamui (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2018 Heard learned Counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in Mohania PS Case No. 536 of 2018 registered under Sections 409, 420 and 342/34 of the IPC.

It is submitted by the learned Counsel for the petitioners that the allegations made in the FIR are false and fabricated and the petitioners have wrongly been implicated in this case.

It is submitted that they are merely employees of the company and that there is no documentary proof of the alleged cheating committed by the petitioners.

Patna High Court Cr.Misc. No.76138 of 2018(2) dt.20-12-2018 2/2 The FIR discloses specific allegation against petitioner No. 3 Pappu Kumar Das of cheating the informant with twelve thousand rupees and confining the informant. No specific allegation is attributed to petitioner Nos. 1 and 2. Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for anticipatory bail of petitioner Nos. 1 and 2 is allowed. In the event of their arrest or surrender before the court below within four weeks from today, let petitioner Nos. 1 and 2 above named 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 CJM Bhabua (Kaimur) in Mohania PS Case No. 536 of 2018 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code.

The prayer for anticipatory bail of petitioner No. 3 is rejected.

(Madhuresh Prasad, J) SNkumar/- U T