IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4545 of 2009 BHISHAM SAH, SON OF LATE RAMJEET SAH, RESIDENT OF VILLAGE-GONAULI, SINGHACHHAPAR, P.S.-BETTIAH MOFASSIL, DISTRICT-WEST CHAMPARAN. …………………PETITIONER. Versus THE STATE OF BIHAR. ……………………OPPOSITE PARTY. ----------- 2 20.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 420 and 406 of the Indian Penal code. The allegation of the complainant is that the son of the petitioner had impressed upon the complainant that if he shall pay an amount of Rs.1,10,000/- then he will get his son admitted in the Institution where the son of this petitioner was studying. Further allegation is that this petitioner had approved it and had suggested to deposit the money into his account and the same will be taken out by ATM card by his son and deposited for the admission in the Institution. However, it is not claimed in the FIR that the money was actually deposited in the account of the petitioner or was paid to him. Rather allegation is that the money was paid to the son of the petitioner. 2 From Annexure-2, it appears that about 8 days earlier to the present case the petitioner has filed a complaint case against the informant and others alleging therein that the informant and others had taken loan from the petitioner which they were not refunding and had misappropriated the same. Thus it appears that enmity continued between the parties from before. It is submitted that the petitioner is in custody since 21.12.2008 and he has no direct involvement of payment of the money by the informant to the son of the petitioner. In the circumstances and in view of Annexure-2, the earlier complaint filed by the petitioner against the informant and others, the application is allowed. Let petitioner, namely, Bhisham Sah 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 Chief Judicial Magistrate, West Champaran, Bettiah in Bettiah Mofassil P.S. Case No. 241 of 2008. Arvind/ ( J. N. Singh, J.) 3