Shishupal Verma @ Shishu Pal Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25186 of 2022 Arising Out of PS. Case No.-872 Year-2021 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Shishupal Verma @ Shishu Pal Patel S/o Anuj Prasad Resident of VillageManiyawan, Police Station- Nalanda, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pranav Kumar Vats S/o Naresh Chandra Jha Resident of Professor Colony, Gangiala, Ward No.16, P.S.- Saharsa, District- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Maharaj For the Opposite Party/s :

Mr. Ram Bilash Roy Raman For the complainant :

Mr. Sanjeev Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Saharsa Complaint Case no. 872 of 2021 instituted for the offence under Sections 323, 406, 420, 504 of the Indian Penal Code. The prosecution case in nutshell that there is deed executed between the shop owner and the complainant for coaching center namely, Prudence Coaching center and the complainant agreed to hand over the same for amount of Rs 7,97,498/-. The petitioner has paid Rs. 4,48,000/- in two installment and allegedly assured to pay rest of amount to him but he did not pay the amount in question.

Patna High Court CR. MISC. No.25186 of 2022(2) dt.12-10-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence as alleged in complaint. From perusal of the complaint it is apparent that the present complaint case has been lodged on the basis of pure financial and commercial transaction between the parties. It is further submitted that this case is civil in nature. He has got no criminal antecedent.

Learned APP appearing for the state and learned counsel for the complainant have opposed the prayer of anticipatory bail. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Saharsa Complaint Case no. 872 of 2021, he will be enlarged 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 Judicial Magistrate, 1st Class, Saharsa subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U