Shyam Bihari Prasad Lahkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2397 of 2023 Arising Out of PS. Case No.-264 Year-2013 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SHYAM BIHARI PRASAD LAHKAR S/O LATE JAGARNATH PRASAD LAHKAR Resident of village- Chauk Bazar, Sasaram P.S.- Sasaram (T), District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SATYENDRA SAH S/O MOTI SAH Resident of village- Balapur, P.S.- Kargahar, District- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard the parties.

2.

Despite valid service of notice, nobody appears on behalf of the O.P. No.2.

3.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 of the Indian Penal Code.

4.

The allegation against the petitioner is that he took Rs.50,000/- from the complainant but did not executed the sale deed as per the terms of the agreement. It is alleged that the petitioner neither returned the advance money nor agreed to execute the sale deed.

5.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.2397 of 2023(3) dt.20-07-2023 2/2 petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that a plain petition and its related affidavit which bears the signature of the complainant disclosed that there is no dues with the petitioner. Petitioner has no criminal antecedent. 6.

Learned APP for the State opposed the prayer for anticipatory bail.

7.

Having regard to the facts and circumstances of the case as there is a money transaction dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.264 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T