Chhote Lal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22658 of 2019 Arising Out of PS. Case No.-337 Year-2018 Thana- KESARIA District- East Champaran ====================================================== CHHOTE LAL SAHANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhurendra Kumar, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Heard the parties.
The petitioner seeks anticipatory bail in connection with Kesariya P.S.Case No. 337 of 2018, corresponding to G.R. No. 5730 of 2018, registered for offences punishable under Sections 420 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner is that the informant has given Rs. 6,50,000/- cash to the petitioner and his brother namely, Ram Babu Sahani for construction of her house but he left the construction work and when the informant pressurized to complete the work, the petitioner assaulted her.
Submission of the learned counsel for the petitioner is that the informant neither produced the account number of the petitioner nor her account number through which payment
Patna High Court CR. MISC. No.22658 of 2019(2) dt.09-04-2019 2/2 was made to the petitioner and he has no criminal antecedent and the similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 18.02.2019 passed in Cr. Misc. No. 9611 of 2019. Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Kesariya P.S.Case No. 337 of 2018 corresponding to G.R. No. 5730 of 2018, to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari , subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T