Shivanandan Das @ Nunulal Das … vs State Of Bihar on 1 September, 2010

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.28442 of 2010

      1. SHIVANANDAN DAS @ NUNULAL DAS, Son of Late Jangali Das
      2. BAMBAM DAS @ JITENDRA DAS
      3. SUNIL DAS @ DHARMENDRA DAS
      4. ANIL DAS
      All Sons of Shivnandan Das @ Nunulal Das, All Resident of Village Nayagaon(Harijan Tola),
      P.S. Parbatta, District Khagaria.
                                                                                ........Petitioners
                                            Versus
      THE STATE OF BIHAR
                                                                            ......Opposite Party
                                           -----------

02. 01.09.2010 Heard learned counsel for the four petitioners, Additional

Public Prosecutor for the State and learned counsel for the

complainant.

Petitioners, who are father and sons are named accused in

the complaint case carry allegation that under the pretext of providing

job in police department, realised Rs. 1,45,000/- from the

complainant, but in spite of wasting time and investing the amount.

Complainant neither could get the job nor the money advanced. On

behalf of the petitioners there is complete denial of allegations with

only exception that petitioner no. 1 had taken a sum of Rs. 40,000/- on

execution of promissory note from the complainant for his personal

requirement and that too has already been paid, but in good faith, he

could not get back the promissory note executed by him, earlier.

Thus, taking advantage of the situation complaint has been lodged

after causing much delay.

Considering the facts and circumstances of the case, in the

event of deposit of total sum of Rs. 40,000/-, in the Court as security,
2

subject to result of the case and in the event of their arrest/surrender

before the court below within four weeks of receipt of the copy of this

order, the petitioners, namely, 1.Shivnandan Das @ Nunulal Das, 2.

Bambam Das @ Jitendra Das, 3. Sunil Das @ Dharmendra Das and 4.

Anil Das, are directed to be released on bail on furnishing bail-bond of

Rs. 10,000/- (ten thousand only) each with two sureties of the like

amount each to the satisfaction of Judicial Magistrate, 1st Class,

Khagaria, in connection with Complaint Case No. 865C/2009, subject

to condition laid down under Section 438(2) of the Criminal

Procedure Code with additional condition to remain physically present

before the court below on each and every date at least for two years or

till disposal of the case whichever is earlier, in case of failure on two

consecutive dates, the liberty shall be deemed to be cancelled.

Praveen                                         (Akhilesh Chandra, J.)