Devendra Pal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19128 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- MADHEPUR District- Madhubani ====================================================== DEVENDRA PAL SINGH son of Rishi Pal Singh house no-48 Royal Homes Talangari Ramghat Road Aligarh Po- Aligarh Ps- Talangari Aligarh DistAligarh U.P ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Y.C. Verma, Sr. Advocate Mr. Anwar Karim, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 & 420/34 of the IPC and Section 138 of the N.I. Act. The prosecution case, in brief, is that informant is a foodgrain dealer and he negotiated with this petitioner and supplied the foodgrains worth Rs.4,52,97,286/- and the petitioner made payment of Rs.3,10,00,000/- and for the rest amount he issued two cheques which got dishonored due to insufficient balance.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case with a mala fide

Patna High Court CR. MISC. No.19128 of 2023(3) dt.24-06-2023 2/2 intention to damage the good market reputation. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner is still willing and ready to sit together with the informant and settle the dispute through Arbitration but the informant is not interested for it. It is further submitted that moreover it is a dispute of civil nature and as such the petitioner deserves for anticipatory bail. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as well as the fact that the dispute is civil in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madhepur P.S. Case No.24 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T