Sumit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21637 of 2018 Arising Out of PS.Case No. -506 Year- 2011 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Sumit Kumar S/o Ravibhushan Singh, R/o Vill.- Madhopur, P.S.- Mahua, District- Vaishali, At present in front of Gayatri Temple, Sugar Mills Campus, Samastipur, P.S.- Samastipur, District- Samastipur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Ravindra Prasad, S/o Ram Prasad Rai, R/o Vill.- Kalyan Tola, P.S.- Ugiyarpur, District- Samastipur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Petitioner apprehends his arrest in connection with Complaint Case No. 506 of 2011 lodged for the offences punishable under Sections 323, 341, 504, 406, 420 and 465 of the Indian Penal Code.

Allegation against the petitioner is that he has received total Rs.49,000/- from the complainant for backdoor admission in ITI but admission was not made and he has not returned the money.

Submission of learned counsel for the petitioner is that no case is made out against the petitioner as wrongful allegation has been made and moreover there is no chit of paper showing that

Patna High Court Cr.Misc. No.21637 of 2018 (3) dt.03-07-2018 2/2 petitioner has taken money from the complainant. Heard learned APP and learned counsel for the complainant. They have opposed the prayer for anticipatory bail stating that petitioner is running a consultancy and he has received money from the complainant.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, surrender within a period of six weeks from the receipt of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Dalsinghsarai, in connection with Complaint Case No. 506 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U