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Patna High Court - Orders

Nand Kishor Yadav vs State Of Bihar & Anr on 3 May, 2017

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.10675 of 2017
                  Arising Out of PS.Case No. -748 Year- 2015 Thana -GOPALGANJ COMPLAINT CASE District-
                                                          GOPALGANJ
                 ======================================================
                 Nand Kishor Yadav, S/o Late Babulal Yadav, R/o Village - Raj Ghat, P.S. -
                 Mirganj, District - Gopalganj.

                                                                                .... ....   Petitioner.
                                                   Versus
                 1. The State of Bihar.
                 2. Mukesh Kumar Yadav, S/o Mahatam Yadav, R/o Rajghat, P.S. -
                    Mirganj, District - Gopalganj.

                                                               .... .... Opposite Parties.
                 ======================================================
                 Appearance :
                 For the Petitioner           :     Mr.
                 For the State                 : Mr.
                 For the Complainant/O.P. No.2 : Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER
                                               ---------------

3   03-05-2017

Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the complainant/O.P. No.2.

The petitioner seeks bail in connection with Complaint Case No.748 of 2015/Tr. No.811 of 2017 registered under Sections 420, 406, 467 and 468 of the Indian Penal Code.

The accusation is that the petitioner and one Ramaiya Sahni approached the complainant/O.P. No.2 Mukesh Kumar Yadav for sending him to Abbudhabi for the work of mason saying that Rs.25000/- would be paid to him as wages and asked him to pay Rs.1,50,000/- for obtaining the visa. Thereafter, the complainant/O.P. No.2 and his associate handed over Rs.2,60,000/- on negotiation for Patna High Court Cr.Misc. No.10675 of 2017 (3) dt.03-05-2017 2/2 preparation of visa and also gave their passports. After that, the complainant/O.P. No.2 and his associate both were given visa and both went to Delhi, where, on query, both the visas were found forged. When the complainant/O.P. No.2 and his associate made request to return Rs.2,60,000/-, the petitioner and his associate Ramaiya Sahni refused to return the same.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is the co-villager of the complainant/O.P. No.2 and he had only introduced the co-accused Ramaiya Sahni to the complainant/O.P. No.2 and he has not taken any penny from the complainant/O.P. No.2 or his associate. Further submission is that the petitioner having no criminal antecedent is in custody since 21.01.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Complaint Case No.748 of 2015/Tr. No.811 of 2017.

(Rajendra Kumar Mishra, J) P.S./-

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