Krishna Prasad @ Krishna Prasad Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30044 of 2024 Arising Out of PS. Case No.-1558 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== KRISHNA PRASAD @ KRISHNA PRASAD VERMA S/O LATE BINDA PRASAD R/O MOHALLA CHANDMARI WARD NO. 24, P.S- MOTIHARI TOWN, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SHAMBHU SHARAN S/O LATE JAMUNA PRASAD R/O VILLAGECHANDMARI, P.S- TOWN MOTIHARI, DISTT.- EAST CHAMPARAN. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 406 of the Indian Penal Code .

3. As per the prosecution case, it is alleged that this petitioner even after taking consideration money of Rs. 6,70,000/- in advance did not execute the land in question in favour of the complainant.

4. It is submitted on behalf of the petitioner that he has falsely been implicated in this case . Though there is allegation of taking advance money against this petitioner but there is no chit of paper in support of the same. Petitioner has not taken a single penny from the complainant. He further

Patna High Court CR. MISC. No.30044 of 2024(2) dt.20-05-2024 2/2 submits earlier the petitioner sold his two plots to the complainant and he had taken consideration money of Rs. 6,00,000/- of the said land from the purchaser, but he had given Rs. 3,00,000/- to the petitioner. When the petitioner demanded rest consideration amount from the complainant, this present false and concocted case has been lodged against him. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Motihari, East Champaran in connection with Trail No. 2507 of 2023 arsing out of Complaint Case no. C-1558 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T