Parmanand Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22663 of 2019 Arising Out of PS. Case No.-408 Year-2017 Thana- BAHERA District- Darbhanga ====================================================== PARMANAND THAKUR, S/o Ram Autar Thakur @ Ramabatar Thakur Resident of village- Majhora @ Majhaura, P.S.- Bahera, District- Darbhanga at present resident of Bihubor Habi No.2,P.S.-Bihubor District- Sibsagar Assam- 585687 ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bahera P.S. Case No. 408 of 2017, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

Allegation against the petitioner is that he has taken Rs.2.5 lacs from the informant through cheque which has been deposited in the account of his son for sale of 2-1/2 katha land to the informant but he has not done so and money has not been returned.

Submission of learned counsel for the petitioner is that as a matter of fact the informant has taken money from him and there was some dues with him and in order to create pressure upon the petitioner the present false and concocted case

Patna High Court CR. MISC. No.22663 of 2019(2) dt.09-04-2019 2/2 has been filed.

Heard learned APP also, who has opposed the prayer for anticipatory bail stating that payment has been made through cheque and police after investigation found the case true against the petitioner.

Having heard both sides and in the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if the petitioner surrenders and deposits the amount in instalment, the same may be considered by the court below and passed appropriate order. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T