Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53888 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -RAJIVNAGAR District- PATNA ====================================================== Sanjay Kumar, son of Ramsewak Prasad, resident of Dhelwan Bagicha, P.O. Dhelwan, P.S. - Ramkrishna Nagar, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner/s :

Ms. Sugandha Prasad, Advocate For the O.P. No. 2 :

Mr. Bibhakar Tiwary, Advocate For the State :

Mr. Satyendra Nr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

09-11-2017 Heard learned counsel for the petitioner, learned counsel representing the informant and learned Additional Public Prosecutor for the State.

The petitioner, in the present, case, is seeking Anticipatory Bail in connection with Rajeev Nagar P.S. Case No. 155/2016 for the offences under Section 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that on perusal of the First Information Report, it would appear that the dispute is in the nature of a civil dispute which arises out of a rent agreement. The dispute is that while the informant is claiming the cheque issued by this petitioner as against the rent under the said agreement, the case of the petitioner is that he has paid the amount in cash.

Patna High Court Cr.Misc. No.53888 of 2017 (2) dt.09-11-2017 Be that as it may, learned counsel further submits that the petitioner is ready and willing to deposit a sum of Rs. 3,50,000/-, which is equal to the cheque amount in the court below, subject to the result of the case. Learned counsel representing the informant submits that if the petitioner is ready to deposit the amount he has virtually nothing significant to resist. In the facts and circumstances of the case, in the event of his arrest/surrender before the court below within a period of four weeks, let the petitioner, abovenamed, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, together with a sum of Rs. 3,50,000/- in appropriate head which will be subject to result of the case in the court below, to the satisfaction of learned Additional Chief Judicial Magistrate, Patna, in connection with Rajeev Nagar P.S. Case No. 155/2016 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T