Pramjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17991 of 2019 Arising Out of PS. Case No.-566 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== PRAMJIT KUMAR S/o Ram Pravesh Singh Resident of Parsa, P.S.- Naubatpur, District- Patna, at present resident of Anand Sunder Enclave Surender Path Flat No. 104, Nandanpuri Khajpura, P.S.- Rajiv Nagar, DistrictPatna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Anil Kumar Thakur S/o Late Devendra Thakur Resident of 6, Kailash Enclave, Shevpuri, P.S.- Shastrinagar, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Shastrinagar P.S. Case No. 566 of 2018, disclosing the offences under Sections 406 and 420 of the Indian Penal Code. The petitioner is said to have taken a sum of Rs.56,00,000/- as part of transaction for transfer of a piece of land in favour of the informant. It is alleged in the FIR that 88,00,000/- was negotiated as consideration money for purchase of the said land. Learned counsel appearing on behalf of the petitioner has submitted that this is purely a civil dispute and the petitioner is ready to repay the amount which he had taken, taking a line of his resistance. Learned counsel for the petitioner has also submitted that

Patna High Court CR. MISC. No.17991 of 2019(5) dt.27-09-2019 2/2 the said amount of Rs.56,00,000/- will be repaid to the informant within three months from today.

Considering the above submissions, nature of dispute and allegation in the FIR, this application is allowed directing the petitioner to surrender before the court below after four months. Let the petitioner, above-named, in the event of his arrest/surrender after four months from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna, in connection with Shastrinagar P.S. Case No. 566 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Till four months from today, no coercive action shall be taken to take the petitioner into custody.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T