Hira Kumar Trigun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45746 of 2015 Arising Out of PS.Case No. -190 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== Hira Kumar Trigun, S/o Brahmdev Tirgun Resident of Village- Basaon Kala, P.S. Sikraul, Distt- Buxar.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State as also learned counsel for the informant.

The petitioner prays for anticipatory bail in a case under Sections 406, 420, 467, 468, 471 and 120B/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that a entire false case has been set up by the informant as the petitioner has a long standing history of transactions with the informant as also there was a partnership between the petitioner and informant's cousin in which the petitioner has also signed as a witness in the partnership deed dated 1.7.2013. It is further submitted that in due course relationships between the partners and the parties have turned sour and in the said course cheques issued by both the parties have bounced and it is an out and out

Patna High Court Cr.Misc. No.45746 of 2015 (4) dt.26-11-2015 civil dispute between the parties which has been given the shape of a criminal case.

Learned counsel for the informant, on the other hand, denies the aforesaid fact without there being any specific denial by filing any counter affidavit. Moreover, the petitioner has produced Bank Account of Axis Bank, Varanasi which shows a number of transactions with the informant himself.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner Hira Kumar Trigun, in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Buxar (Town) P.S.Case No. 190 of 2015 to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta, J) spal/- U