Arun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23861 of 2019 Arising Out of PS. Case No.-654 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Arun Prasad (Teacher), age about 46 years (Male), Son of Deep Narayan Mahto Teacher, Resident of Village- Selari, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Barachatti P.S. Case No. 654 of 2018 registered for offences under sections 406, 420, 120(B), 34 of the Indian Penal Code.

As per allegation made in the First Information Report, the petitioner, who is a teacher, had taken an amount of Rs. 2,97,000/- from the Informant for depositing the premium through cheque but, the same was not deposited by the petitioner. When the petitioner could know that the premium is not deposited, he filed the present case.

Learned counsel for the petitioner submits that in fact the Informant had taken loan from the petitioner, when he

Patna High Court CR. MISC. No.23861 of 2019(2) dt.15-04-2019 2/2 did not repay the loan amount and when the petitioner gave a legal notice for return of the amount, he lodged the present case against the petitioner.

Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghari, Gaya in connection with Barachatti P.S. Case No. 654 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T