IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22003 of 2010 BIPIN KUMAR @ VIPIN KUMAR Versus STATE OF BIHAR ----------- 2. 01.07.2010 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the Complainant. The petitioner is in custody in Complaint Case No. 1125 of 2009 for offence punishable under Sections 420, 406 and 34 of the Indian Penal Code. Learned counsel for the petitioner with reference to the allegation as set out in the complaint petition submits that no case is made out against the petitioner. He submits that the complainant himself has admitted regarding payment made to one Anuj Kumar for the purpose of securing admission in Engineering college. He thus submits that payment having been made to Anuj Kumar, no case under either of the Section is made out against the petitioner who admittedly was giving tuition to the complainant. Learned counsel for the complainant opposing the prayer of the petitioner and submits that the money was handed over to Anuj Kumar for the purpose of admission in the Engineering college and the fact that the complainant could not get admission in the Engineering 2 college, the money should have been returned to him. Learned counsel for the petitioner in response submits that although the said allegation is directed towards the said Anuj Kumar but the fact is that the complainant had competed in the Engineering admission but as he had failed in the Physics paper at the stage of Class 12th Exam, he became ineligible for admission in Engineering and that it was on the request of the complainant himself that he was transferred to the law college. He thus submits that no case is made out against the petitioner. Upon consideration of the facts and circumstances of the case, let the petitioner, namely, Bipin Kumar @ Vipin Kumar be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sri Arvind Azad, Judicial Magistrate, Ist Class, Jehanabad in connection with Complaint Case No. 1125 of 2009. Anand Kr. ( Jyoti Saran, J.)