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Patna High CourtCR. MISC./27157/2016bail granted

Chandan Bhardwaj v. The State Of Bihar

2016-10-26Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27157 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Chandan Bhardwaj S/o Girendra Kumar Singh Resident of Rajput Tola, Western Part, Bharat Khand Dyodhi, P.S. Parbatta, Distt. Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Santosh Kumar son of Suresh Pd. Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that under misconception, the petitioner had negotiated some of the pieces of a land deal of a large plot, out of which plot certain plots were negotiated by him. However, the petitioner was not aware that the very said plot which was being negotiated by him to be sold to the opposite party No. 2 by the vendor, had in fact, been sold earlier to another vendee. It is under such circumstances that the petitioner is appending his arrest.

Patna High Court Cr.Misc. No.27157 of 2016 (3) dt.26-10-2016 P2/2 Learned counsel for opposite party No. 2 submits that actually the petitioner was very much aware of such a transaction and now a huge chunk of his money is blocked because of such a transaction which was initiated and negotiated by the petitioner. Having heard learned counsel for the parties, it appears that the dispute is more in the nature of a civil dispute. However, the petitioner has offered to once again negotiate so that the opposite party No. 2 is not prejudiced in any manner.

In view of the fact that the named accused, vendee, is already in custody, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Danapur, Patna in connection with Danapur P.S. Case No. 108/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T