Santosh Kumar Sharma @ Santosh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39549 of 2018 Arising Out of PS.Case No. -220 Year- 2017 Thana -AMARPUR District- BANKA ===================================== Santosh Kumar Sharma @ Santosh Sharma, son of late Rajendra Prasad Sharma, resident of village - Mahouta, P.S. Amarpur, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Adv. For the Opposite Party/s : Mr. Satyavarat Verma, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2018 This application for grant of regular bail arises out of Amarpur P.S. Case No. 220 of 2017, dated 04.06.2017, instituted for the offences under Sections 420 and 506/34 of the Indian Penal Code.

The informant has alleged that he purchased a plot of land from several owners and as an advance payment, issued a cheque of Rs. 20,00,000/-. Shortly, thereafter, the informant learnt that some part of the aforesaid plot of land has been registered in favour of some other persons of Bhagalpur. Sensing foul play, the informant sent instructions to his banker to stop payment of the cheque of Rs. 20,00,000/-.

Patna High Court Cr.Misc. No.39549 of 2018 (2) dt.09-07-2018 2/2 Learned counsel for the petitioner has submitted that no payment has been made. In fact, whatever land was in the share of the petitioner has not been sold or alienated. Because of the instruction of stoppage of payment by the informant, the property has not been conveyed to him.

It has further been submitted that under similar facts and circumstances, other accused persons have been granted bail by a Bench of this Court vide order dated 19.12.2017, passed in Cr. Misc. No. 52974 of 2017. The petitioner is in custody since 23.03.2018. Regard being had to the aforesaid facts including the period of custody of the petitioner above named, he is directed to be released on bail on his furnishing bail-bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 220 of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T