Vijay Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40366 of 2017 Arising Out of PS.Case No. -1449 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Vijay Prasad, Son of Ramlakhan Mahto, Resident of Village- Usari Tola, Shekha Bigha, Police Station- Buniyadganj, District- Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. Kamlesh Kumar Verma, Son of Late Bachu Mahto, Resident of VillageHathiyar, Police Station- Bodh Gaya, District- Gaya. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Kumar, Adv. For the Opposite Party No.2: Mr.Prithvi Raj Singh, Adv. For the State : Mr. Sri Mithilesh Kumar Khare, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2018 After hearing the parties, I am of the view that there is no scope for interference with the order dated 13.12.2016 passed in Cr.Misc.No.49352 of 2016, whereby anticipatory bail was granted to opposite party Nos.2 and 3 in connection with Complaint Case No. 1449 of 2013, a case under Section 406 of the Indian Penal Code, for the reason that the dispute arose out of non-performance of an agreement to sale between the parties and in the subsequent deal, the opposite parties admitted in writing that they have received consideration money and they would refund the same. Therefore, ingredients of dishonest intention on the date of initial agreement is completely

Patna High Court Cr.Misc. No.40366 of 2017 (6) dt.17-01-2018 lacking.

Hence, this application stands dismissed.

(Birendra Kumar, J) Nitesh/- U T