Madan Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87804 of 2024 Arising Out of PS. Case No.-104 Year-2019 Thana- NAUTAN District- Siwan ====================================================== Madan Pandit S/o Ramashray Pandit Resident of village-Bavnoulli, PSAasawn, Distt.- Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Yogesh Chandra Verma, Advocate Ms. Kumari Anupam, Advocate For the State :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Nutan P.S. Case No. 104 of 2019 dated 03.07.2019, registered for the offences punishable under Sections 420, 406, 467, 468, 471, 120(B) of the Indian Penal Code.
3. As per allegation, the co-accused Bhola Pandit induced the informant to pay Rs. 2,00,000/- in his account misrepresenting that the informant will be given job in a foreign country. However, when the informant was not getting job, at one point of time, the Petitioner has stated to the informant that he will send visa very soon.
Patna High Court CR. MISC. No.87804 of 2024(2) dt.08-01-2025 2/3
4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no allegation of any inducement by the petitioner to deliver any money to any person. He further submits that the main allegation is against the accused Bhola Pandit.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Judicial Magistrate, Ist Class, Siwan, in connection with Nutan P.S. Case No. 104 of 2019 subject to the
Patna High Court CR. MISC. No.87804 of 2024(2) dt.08-01-2025 3/3 conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T