Patna High Court - Orders
Devendra Prasad Yadav vs The State Of Bihar on 26 September, 2014
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37592 of 2014
Arising Out of PS.Case No. -157 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI
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Devendra Prasad Yadav, S/o Bhola Rai, R/o Village - Runni Saidpur, Ward
No. 07 (Juggi Basti), P.S. Runni Saidpur, District- Sitamarhi
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance:
For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate.
For the Opposite Party/s : Mr. A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 26-09-2014Heard the counsel for the petitioner and the State.
The petitioner seeks bail in Runni Saidpur P.S. Case No. 157 of 2013 instituted for the offences under Sections 420, 3406, 467, 468, 471, 323 & 504 of the Indian Penal Code and Section 3(i)(x) of the S.C./S.T. Act.
The informant is one of the beneficiaries of Indira Awas Scheme. The petitioner is said to have helped the informant in taking out money from the Bank. Later, on the assurance of the petitioner that he would provide bricks for construction of the house, money was given to the petitioner. Such building materials were never supplied to the informant.
From the perusal of the order impugned, it appears that the petitioner was granted the privilege of anticipatory bail in this case, subject to the condition that he would deposit Rs. Patna High Court Cr.Misc. No.37592 of 2014 (2) dt.26-09-2014 2/2
45,000/- in the court below, without prejudice to his case. However, before such money could be deposited, the petitioner was arrested. Even today, the petitioner is ready to deposit such amount in the Court, under protest, subject to the disposal of the case finally. The petitioner is in custody since 10.07.2014.
Considering the above mentioned facts, let the above named petitioner be released on bail on executing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sitamarhi in connection with Runni Saidpur P.S. Case No. 157 of 2013, on the condition that he shall furnish a receipt of Rs. 45,000/-, which he would deposit in the Nazarat of the court below. Such money would be deposited in some interest bearing scheme in the name of the Registrar of the Civil Courts. This deposit of money would be subject to the final decision of the criminal case against the petitioner.
(Ashutosh Kumar, J) Dilip/-
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