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Patna High CourtCR. MISC./77142/2018disposed

Rajeev Shankar Tiwary @ Rajiv Shankar Tiwary v. State Of Bihar And ANR

2019-04-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77142 of 2018 Arising Out of PS. Case No.-1206 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Rajeev Shankar Tiwary @ Rajiv Shankar Tiwary Son of Sri Umesh Tiwary, resident of C-1, Sector 2, Noida, Police Station Gautam Budha Nagar and the District of Gautam Budha Nagar in the State of Uttar Pradesh Presently Managing Director of Propmart Pvt. Ltd. Noida, Uttar Pradesh. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sri Ramakant Singh Son of Late Ram Khelawan Singh of 101 Lotus Apartment New Patliputra Colony, P.S.-Patliputra, Distri Parmanent Resident of New Godown Maharani Road, P.S.-Kotwali District and Towngaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Nr. Singh, Sr. Adv.

Mr. Krishna Pd. Singh, Sr. Adv.

For the State :

Mr. Dashrath Mehta, APP For the Informant :

Mr. Ajit Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1206(C) of 2016, disclosing offences under Sections 420/406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. Allegation against the petitioner is that he has taken huge amount from the informant for executing sale-deed with respect to land, but the sale-deed has not been executed. Submission of learned counsel for the petitioner is that almost all the amount has been deposited and only some amount has been left and he will deposit the same within a

Patna High Court CR. MISC. No.77142 of 2018(5) dt.16-04-2019 2/2 period of one month. Further submission is that the petitioner has been granted provisional bail vide order dated 07.02.2019, but he has not appeared within time before court below for provisional bail, as such that order has not been effected. Heard learned A.P.P. as well learned counsel for the opposite party no.2.

Having heard both sides, in view of the facts and circumstances of the case as stated above, this application is disposed of with a direction to the petitioner to surrender before the court below on 31.05.2019 and on that day the opposite party no.2 shall also remain present and court shall verify the above fact of payment and once satisfied with the same, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Complaint Case No. 1206(C) of 2016, otherwise free to pass any other order or orders which may be deemed fit and proper.

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