Patna High Court – Orders
Vinay Kumar Yadav vs The State Of Bihar on 23 January, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29877 of 2024
Arising Out of PS. Case No.-3 Year-2023 Thana- MAIRWAN District- Siwan
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Vinay Kumar Yadav son of Mahanand Yadav Resident Of Saraiya, P.O. And
P.S.- Kotwali, Dist-Deoria, Janpad, Uttar Pradesh
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rahul Kumar Gupta s/o- Parsuram Gupta, R/o- Village-Nimiya tola
Badgaon, P.s- Mairwa, dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Dubey, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 23-01-2025
Heard Mr.Ranjan Kumar Dubey, learned counsel
for the petitioner, learned counsel for the informant and
Mr.Raj Ballabh Singh, learned Additional Public Prosecutor
for the State.
2. The petitioner is apprehending his arrest in
connection with Mairwa P.S. Case No.03 of 2023, dated
03.01.2023 registered for the offences punishable under
Sections 420,467,468,471/34 of IPC.
3. According to prosecution case, the petitioner
tricked the informant under the pretext of admission in a
correspondence course. It is further alleged that the informant
submitted his marksheet, photo copy of Aadhar card and
Patna High Court CR. MISC. No.29877 of 2024(5) dt.23-01-2025
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deposited Rs. 2,60,000/- (Rupees two lakhs and sixty
thousand) in the A/C No. 197300030001382 and deposited
Rs. 4,80,000/- (Rupees four lakhs and eighty thousand)
through cash. It is also alleged that when the informant
demanded his money from the petitioner at his residence, the
co-accused person, namely, Dhananjay Yadav @ Guddu
Yadav and two more persons assaulted him and snatched a
golden chain, a ring and Rs. 3700/- (Rupess thirty seven
hundred) from him and threatened him with dire
consequences.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Although there is allegation against the
petitioner that he received the amount from the informant for
pretext in the admission in correspondence course. Learned
counsel for the petitioner outrightly submits that as per
allegation in the FIR that the informant has alleged that the
informant has given Rs. 2,60,000/- in the account of the
petitioner and Rs.4,80,000/- paid in cash. Learned counsel for
the petitioner, on instruction, fairly submits that the petitioner
Patna High Court CR. MISC. No.29877 of 2024(5) dt.23-01-2025
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is ready to return Rs.2,60,000/- to the informant which he has
received in his bank account and learned counsel for the
petitioner submits that he has not received any amount in cash
from the informant and he is ready to return Rs.2,60,000/-
(Rs.Two lacs Sixty Thousand) to the informant and for the
rest amount, the informant shall be at liberty to agitate in the
criminal court.
5. Learned counsel for the informant, on instruction,
submits that he has no objection that if the petitioner pays Rs.
2,60,000/-.
6. Considering the aforesaid facts and petitioner has
clean antecedent, let the petitioner, above named, in the event
of his arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs.10,000 (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Siwan in
connection with Mairwa P.S. Case No.03 of 2023, subject to
the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/Section 482(2) of BNSS,2023 and with
other following conditions:-
(I) At the time of furnishing bail bond, the petitioner
Patna High Court CR. MISC. No.29877 of 2024(5) dt.23-01-2025
4/5shall deposit Rs.1,50,000/-(Rs.One Lac Fifty Thousand) by
way of demand draft in favour of the informant and the
learned Trial Court is directed to hand over the said demand
draft to the informant or his representative and petitioner shall
pay rest amount of Rs.1,10,000/- (Rs. One Lac Ten Thousand)
to the informant in the month of February, 2025. If the
petitioner fails to pay the rest amount within the aforesaid
period, the informant shall be at liberty to move before the
learned court below for cancellation of bail bond of the
petitioner.
(II) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(III) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(IV) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
Patna High Court CR. MISC. No.29877 of 2024(5) dt.23-01-2025
5/5his/her criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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