Sanjay Kumar Ghosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10878 of 2022 Arising Out of PS. Case No.-39 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== Sanjay Kumar Ghosh Son Of Late Nonee Gopal Ghosh Resident Of Village - Babutola Banka Collectariat, P.S.- Banka, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Jha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

The prosecution case as per FIR is that the informant is a Ward Member of Ward No. 8 in Suryapura Panchayat and member of Managing Committee of Ward No. 8. It is alleged that for purchasing of some material work in Nal-Jal Yojna, the informant had given a cheque of Rs. 8,60,000/- to the petitioner and another cheque of Rs. 8,60,000/- was also given to the petitioner by one

Patna High Court CR. MISC. No.10878 of 2022(3) dt.27-09-2022 2/3 Raj Kumar Pandit who is Member of Ward 9 of the same Panchayat. However, the petitioner has not supplied the material work and on demand, he issued cheque in favour of the informant but when the informant went to the Bank to encash the amount, he was informed that the petitioner has instructed the bank not to pay any amount through cheque.

It is submitted by learned counsel for the petitioner that the dispute between the parties has been amicably settled and the informant has no any grievance against the petitioner and a compromise petition has also been filed by the parties before learned Court below. The compromise petition is annexed as Annexure-2 of the petition. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.10878 of 2022(3) dt.27-09-2022 3/3 furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Suryagarha P.S. Case No. 39 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T