Rahul Kumar Yadav @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2278 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- BASANHI District- Saharsa ====================================================== Rahul Kumar Yadav @ Rahul Kumar S/O Shatrughan Yadav @ Shatrudhan Yadav Village- Mokma Ward No. 10, Ps. Basnahi, Dist. Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Singh, Advocate Mr. Amarnath Singh, Advocate Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP For the Informant :

Mr. Barun Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Basnahi P.S. Case No.118 of 2023, registered for the offences punishable under Sections 406, 420, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, Rs. 12,00,000 and thereafter Rs. 10,00,000 had been paid to the petitioner by the informant for taking loan of Rs. 49,00,000 from the Bank.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and has committed no offence. He further submits that

Patna High Court CR. MISC. No.2278 of 2024(2) dt.29-01-2024 2/2 there is no money transaction between the parties and the petitioner has not taken any amount from the informant. He also submits that to the contrary the informant has taken Rs. 25,00,000 for sale of his land with the hand of the petitioner and the petitioner in this regard had sent notice to the informant and thereafter also filed complaint case. He further submits that petitioner has no criminal antecedent and he is in jail custody since 29.08.2023.

5. Learned APP for the State as well as learned counsel for the informant have opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IIIrd, Saharsa in connection with Basnahi P.S. Case No.118 of 2023.

(Sunil Dutta Mishra, J) ashishkr/- U T