Krishna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28202 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- DARPA District- East Champaran ====================================================== Krishna Prasad, Son of Jai Mangal Sah, Resident of Village- Dharahara, Police Station- Chiraiya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar,Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This is an application for grant of anticipatory bail in connection with Darpa P.S. Case No. 83 of 2018, disclosing offences under Sections 406, 420, 120B, 386, 504, 506 of the Indian Penal Code.

Allegations as per F.I.R., which has been registered on the basis of complaint petition lodged by the complainant that informant has purchased Scorpio vehicle in the name of his father, which runs on fare and he has purchased another Bolero vehicle for personal use. The petitioner is well acquainted with the informant, as he had purchased land from father of the informant. Petitioner along with four persons came at the house of the informant, because petitioner was ready to purchase Bolero vehicle and petitioner paid Rs.51,000/- as advanced and taken away both the vehicles and thereafter, brought both the

Patna High Court CR. MISC. No.28202 of 2019(4) dt.16-07-2019 2/3 vehicles on the pretext that he along with his family members have to go to Babadhan and within a week he will give rest of the amount and sale letters, but they are neither paying the value of the vehicles nor returning both the vehicles. Submission of learned counsel for the petitioner is that as a matter of fact petitioner has purchased a piece of land from father of the informant and the informant wants some land for the Rasta and Rasta is mentioned in that, but the informant was not giving Rasta and in order to pressurize the petitioner, the present case has been lodged. It is also submitted that informant has sold both the vehicles in Nepal and the allegation is false and concocted.

Heard learned APP as well as learned counsel for the opposite party no.2 also, they have opposed the prayer for bail by stating that the materials are available in the case diary also. Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below on 25.07.2019 and on surrender, he will be enlarged on provisional bail with condition that he is to appear and co-operate with the Investigating Officer and if the charge sheet is submitted against him, he has to surrender before the court below and move for regular bail,

Patna High Court CR. MISC. No.28202 of 2019(4) dt.16-07-2019 3/3 which shall be considered by the learned court below on the basis of materials available at that time.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T