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Patna High CourtCR. MISC./76270/2018bail granted

Dinesh Kumar Singh @ Dinesh Kumar Yadav v. The State Of Bihar

2019-01-17Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76270 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- ITARHI District- Buxar ====================================================== Dinesh Kumar Singh @ Dinesh Kumar Yadav, Son of Late Dwarika Yadav @ Dwarika Singh, Resident of Village- Jalvansi, P.S.- Itarhi, District- Buxar. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 323, 384 and 504 of the I.P.C.

The prosecution case got initiated with filing of the Complaint Case No.83C of 2018, which ultimately came to be registered as a police case, being Itarhi P.S. Case No. 87 of 2018 after its being transferred to the police for investigation, under Section 156(3) of the Cr. P.C.

Patna High Court Cr.Misc. No.76270 of 2018(2) dt.17-01-2019 2/3 The prosecution case is that the petitioner took a loan of Rs.1,00,000/- from the informant on 21.01.2016 and subsequently returned the same. But, subsequently a forged agreement was prepared with regard to the land of the informant.

It is submitted by the learned counsel for the petitioner that for the occurrence of 21.01.2016 the complaint was registered on 25.01.2018 and FIR was registered on 17.04.2018. It is further submitted that the accusation is arising out of a civil nature of dispute. A statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by the learned APP for the State that the petitioner is named in the FIR.

Considering the accusation arising out of contractual nature of dispute between the parties, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bonds of Rs. 10,000/- (ten thousand), with two sureties of the like amount

Patna High Court Cr.Misc. No.76270 of 2018(2) dt.17-01-2019 3/3 each to the satisfaction of the learned A.C.J.M.-II, Buxar in connection with Itarhi P.S. Case No. 87 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T