Prakash Chhajer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13138 of 2022 Arising Out of PS. Case No.-293 Year-2017 Thana- COMPLAINT CASE District- Supaul ====================================================== PRAKASH CHHAJER S/o Late Hanuman Mal Chhajer R/o Pratapganj, Police Station- Pratapganj and District- Supaul. Also at Viratnagar, Ward No.12, 3rd Floor of three Storeyed Building in front of Sansari Maya Sansthan, Distt- Sunsari (Nepal) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shambhu Mandal S/o Siyaram Mandal R/o Vill- Parmanandpur, P.S.- Pratapganj and District- Supaul.

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

For the Petitioner/s :

Mr.Sanjeev Verma For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned counsel for the complainant.

The petitioner apprehends his arrest in connection with Complaint Case No. 293C of 2017, registered for the offences punishable under Sections 420, 406, 467, 468 and 34 of the Indian Penal Code.

As per allegation, the petitioner executed the sale deed in favour of the complainant of the land which did not belong to the petitioner.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.13138 of 2022(4) dt.03-01-2023 2/2 petitioner is ready to refund the entire consideration money of Rs. 2,08,000/- which was taken by him, in six equal monthly installment. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail provisionally for six months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Mr. Bibhuti Bhushan, Judicial Magistrate 1st Class, Birpur, Supaul in connection with Complaint Case No. 293C of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. Only after deposit of the last installment within the stipulated period, the learned court below shall confirm the bail bond of the petitioner.

With these observations/directions, the petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-Nirmal U T