Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2426 of 2022 Arising Out of PS. Case No.-13 Year-2021 Thana- BODHGAYA District- Gaya ====================================================== SHAMBHU KUMAR Son of Kuldip Paswan, Resident of Village - Mastpura, P.S.- Bodh Gaya, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar and another ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner, but none appeared on behalf of the informant despite repeated calls. The petitioner apprehends his arrest in connection with Bodh Gaya P.S. Case No. 13 of 2021, registered for offence punishable under sections 420 and 406 of the Indian Penal Code.

As per allegation, the petitioner agreed to sell his land in favour of the informant for consideration money of Rs. 5,50,000/-, but despite payment, he abstained from executing the sale deed.

The learned counsel for the petitioner has submitted that the informant has not given money to the petitioner and has

Patna High Court CR. MISC. No.2426 of 2022(9) dt.30-01-2023 2/2 falsely implicated him in this case. He has also submitted that vide order dated 10.01.2023, two weeks' time was granted to the learned counsel for the informant to file supplementary affidavit showing the mode whereby he has paid money to the petitioner, but still he has not filed the same. On 02.01.2023 also, none appeared on behalf of the informant.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No. 13 of 2021, subject to condition as laid down under section 438 (2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T