Vijay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3303 of 2020 Arising Out of PS. Case No.-13 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== VIJAY PANDEY Son of Late Rameshwar Pandey Resident of Village - Dularpatti, P.S.- Yogapatti (Shanichari), Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv For the Opposite Party/s :

Mr.Ahmad Ali, APP For the Informant : Mrs. Soni Srivastava, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-06-2020 The matter has been taken up through video conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The allegation of cheating arises out of an agreement to sale between the parties.

Learned counsel for the petitioner submits that in fact the petitioner is not the same Vijay Kumar who had executed agreement deed with the informant. The document does not bear writing or signature of the petitioner. Civil remedy

Patna High Court CR. MISC. No.3303 of 2020(3) dt.26-06-2020 2/2 to the informant is already there.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the lack of material against the petitioner for the purpose of consideration of this prayer for anticipatory bail, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Yogapatti (Shanichari) P.S.Case No.13 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court , failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T