Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31668 of 2024 Arising Out of PS. Case No.-400 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== CHANDAN KUMAR S/O SURESH KUMAR SINGH @ SUDESH KUMAR SINGH R/O VILLAGE- ISAMAILPUR WARD NO. 2, P.SBIDUPUR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RANJEET KUAMR RAI S/O LATE PARIKSHAN RAI R/O VILLAGECHANDAULI, WARD NO. 4, P.S- WARLISHGANJ, DISTT.- SAMASTIPUR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP For OP 2 :

Mr. Rabindra Kumar Priyadarshi , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420, 406, 504, 506 and 34 of the Indian Penal Code .

3. As per the prosecution case , this petitioner took cash and articles total worth Rs. 10,69,000/- but neither he has started business with informant nor returned his money and thus cheated informant.

4. Learned counsel for the petitioner submits that for doing the said business, an agreement was executed between petitioner and informant, and on the basis of the said agreement,

Patna High Court CR. MISC. No.31668 of 2024(4) dt.28-08-2024 2/3 the informant gave Rs. 3 lakhs to the petitioner through RTGS, and in lieu of the same, the petitioner gave a check bearing No. 279890 of Rs. 3 lakhs to the informant as security. It was agreed upon that the business would start on April 28, 2023, but the informant never started business with the petitioner as stated in the agreement. However, petitioner without admitting his guilt, is ready to pay the alleged amount of Rs. 3,00,000/- ( three lacs ).

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Chief Judicial Magistrate Samastipur in connection with Warisnagar P. S. Case No. 400 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs.

3,00,000/- ( three lakhs ) through Bank Draft/cash in the Nazarat of Civil Court, Samastipur at the time of furnishing bailbond. (ii) The aforesaid payment shall be subject

Patna High Court CR. MISC. No.31668 of 2024(4) dt.28-08-2024 3/3 to the final outcome of the case .

(iii) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) Koushik/- U T