Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16456 of 2022 Arising Out of PS. Case No.-24468 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Lalan Singh Son Of Late Kailash Singh Resident of Village - Kumharar, P.s.- Agam Kuan, Distt.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kapil Dev Sharma Son Of Late Dashrath Sharma Resident of Village - Chandmari Road, Azad path, P.s.- Kankarbagh, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 24468 (C) of 2014 instituted for the offence under Sections 417, 406 of the Indian Penal Code. As per allegation in the FIR, petitioner had given a cheque of SBI bearing No. 211154 of Rs. 10,00,000/- to the complainant for purchasing a chunk of land and relying on the petitioner, complainant had registered the said land in favour of the petitioner. Later on 06.08.2013 complainant had deposited the said cheque which got dishonored.

Patna High Court CR. MISC. No.16456 of 2022(4) dt.30-11-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Prior to registration of land, petitioner had given a blank cheque to the complainant as security with a condition that if the petitioner deposits all consideration among to the complainant, immediately he will return the alleged cheque but cunningly complainant has not returned the said cheque and he has filed the present case only with a view to harass the petitioner. The matter relates to civil dispute.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 24468 (C) of 2014, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge- IX cum Additional Chief Judicial Magistrate, Patna subject to the conditions as laid

Patna High Court CR. MISC. No.16456 of 2022(4) dt.30-11-2022 3/3 down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) shivani/- U