Arvind Kumar Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Arvind Kumar Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Release of both named petitioners (Arvind Kumar Yadav and Suresh Paswan) on bail in the event of their arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the lower Court, in connection with Mansi P.S. Case No.393 of 2023, subject to the condition laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Mansi P.S. Case No.393 of 2023 (registered for offences punishable under Sections 406, 409, 420 and 468/34 of the Indian Penal Code), may be released on bail in the event of their arrest or surrender before the Court below.

Court's answer

Directed that the petitioners be released on bail in the event of their arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of the lower Court where the case is pending, in connection with Mansi P.S. Case No.393 of 2023, subject to the conditions laid down under Section 438(2) Cr.P.C.

Key takeaways

Expressed the Court's expectation that the informant shall abide his undertaking (given in the supplementary counter affidavit) to withdraw the case lodged against the petitioners.obiter¶15

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J), oral order dated 12-12-2024, in Criminal Miscellaneous Nos. 45436 and 55906 of 2024 (jointly heard), directed release of petitioners Arvind Kumar Yadav and Suresh Paswan on bail in the event of their arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of the lower Court, in connection with Mansi P.S. Case No.393 of 2023, arising out of offences punishable under Sections 406, 409, 420 and 468/34 of the Indian Penal Code, subject to the condition laid down under Section 438 (2) of the Cr.P.C. The Court recorded due receipt by counsel for the informant of a Rs.10,00,000/- State Bank of India bankers cheque and a Rs.10,00,000/- UCO Bank demand draft, both in favour of Anil Kumar; noted the informant's undertaking in a supplementary counter affidavit to withdraw the case lodged against the petitioners; and expected the informant to abide that undertaking.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45436 of 2024

Arising Out of PS. Case No.-393 Year-2023 Thana- MANSI District- Khagaria

====================================================== Arvind Kumar Yadav S/O Late Dineshwar Prasad R/O Village-Balaha,P.O.Narayanpur,P.S.-Bhawanipur, Distt-Khagaria. ... ... Petitioner/s Versus

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

WITH

CRIMINAL MISCELLANEOUS No. 55906 of 2024

Arising Out of PS. Case No.-393 Year-2023 Thana- MANSI District- Khagaria

====================================================== Suresh Paswan S/o Late Gajadhar Paswan R/o vill - Parmanandpur, P.S. - Muffasil, Distt. - Khagaria. ... ... Petitioner/s

Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 45436 of 2024) For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP For the Informant : Mr. Shivendra Kumar Sinha, Advocate Mr. Ranjeet Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 55906 of 2024) For the Petitioner/s : Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP For the Informant : Mr. Shivendra Kumar Sinha, Advocate Mr. Ranjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

7 12-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 409, 420 and 468/34 of the Indian Penal Code.

Learned counsel for the petitioners produced a Bankers cheque of Rs.10,00,000/- issued by the State Bank of India and

a demand draft for Rs.10,00,000/- issued by the UCO Bank,

Patna High Court CR. MISC. No.45436 of 2024(7) dt.12-12-2024 2/2

both in favour of Anil Kumar, which has been duly received by learned counsel for the informant in Court. As per the undertaking given by the informant in the supplementary counter affidavit, he will withdraw the case lodged against these petitioners. This Court expects that the informant shall abide the undertaking.

Learned counsel for the informant submits after the payment of the aforesaid amount, he has no objection if the petitioners are released on bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mansi P.S. Case No.393 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

Trivedi/-

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