Gurudeo Das Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9262 of 2023 Arising Out of PS. Case No.-623 Year-2020 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== GURUDEO DAS PANDEY S/O MOHAN DAS PANDEY R/v- Bakraur, P.S.- Bodh Gaya, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

ARBIND KUMAR S/O BAIJNATH PRASAD R/o mohalla- Janakpur Gaya Town, P.S.- Muffasil Gaya, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 406 of the Indian Penal Code and Section 138 of the N.I. Act. The petitioner in association of other co-accused is said to have purchased a piece of land and at the time of registration they paid Rs.90,1000/- and they issued cheque of Rs.1,70,000/-, which got dishonored.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.9262 of 2023(2) dt.19-04-2023 2/2 He has been falsely implicated in this case. As a matter of fact, the complainant has cheated the petitioner by giving less measurement of land than what has been agreed between the parties in the sale deed agreement and due to this the present dispute of non-payment of money by the peittioner to the complainant has arisen. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as well as the fact that the dispute is purely civil in nature, let the above named petitioner, be released on bail, in the event of his 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 (Gaya) Case No. 623 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T