Patna High CourtCR. MISC./10449/2019bail granted

Baldev Sah @ Balo Sah v. The State Of Bihar

2019-02-27Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10449 of 2019 Arising Out of PS. Case No.-147 Year-2018 Thana- BARIYARPUR District- Munger ====================================================== Baldev Sah @ Balo Sah, Son of Late Sheetal Sah R/o Village- Bariarpur Bazar , P.S- Bariarpur, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Bariarpur Police Station Case No. 147 of 2018, disclosing offences punishable under Sections 406 and 420 of the Indian Penal Code.

The allegation against the petitioner is of having taken certain amount from the informant as loan on different dates i.e. from 13.12.2014 up to 17.12.2015, which, the petitioner is said to have refused to return.

Learned counsel, appearing on behalf of the petitioner, has submitted that no offence under Section 420 of the Indian Penal code is made out, on the basis of what has been

Patna High Court CR. MISC. No.10449 of 2019(3) dt.27-02-2019 2/2 alleged in the First Information Report.

Considering the nature of dispute between the parties, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IInd, Munger, in connection with Bariarpur Police Station Case No. 147 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T