Brajesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39668 of 2015 Arising Out of PS.Case No. -332 Year- 2014 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Brajesh Mishra Son of Vishwanath Mishra Resident of Village - Bariyarpur Police station -Chhatauni, District East Champaran.at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 406 and 420/34 of the Indian Penal Code. Allegation is that informant gave Rs. 2,00,000/- to petitioner for purchasing land but he did not return the same. Thus, he cheated the informant.

It has been submitted on behalf of the petitioner that he has been falsely implicated in the present case. The present matter is of civil nature and cannot be decided in the criminal prosecution. A sale deed (Annexure-2) has been executed in favour of the informant by the brother of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with

Patna High Court Cr.Misc. No.39668 of 2015 (2) dt.30-09-2015 2 / 2 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chhatauni P.S. Case no. 332 of 2014 arising out of G.R. case no. 6364 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T