Patna High CourtCR. MISC./13456/2015bail granted

Shankar Sah @ Shankar Prasad Gupta v. The State Of Bihar

2015-08-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13456 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -AGIAUN District- BHOJPUR ====================================================== Shankar Sah @ Shankar Prasad Gupta S/o Sri Hridya Nand Sah R/o Village - Chainya Chak, P.S. - Agiaon (Garhani), Distt. - Bhojpur (Bihar). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar, Adv. For the Opposite Party/s : Mr. A.M.P. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Agiaon P.S. Case No. 118 of 2014, disclosing offences under Sections 406 and 420 of the Indian Penal Code. Allegedly, the petitioner had purchased 40 bags of rice, which was valued a sum of Rs. 36,720/- but he did not make any payment.

I am convinced with the submission made on behalf of the petitioner that it is primarily a civil dispute between the parties.

Learned counsel appearing on behalf of the informant has opposed the prayer.

Patna High Court Cr.Misc. No.13456 of 2015 (3) dt.13-08-2015 2/2 However, in the facts and circumstances, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhojpur, Ara in connection with Agiaon P.S. Case No. 118 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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.) Vats/- U T