Sharvan Kumar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5529 of 2018 Arising Out of PS.Case No. -299 Year- 2015 Thana -KADAMKUAN District- PATNA ====================================================== Sharvan Kumar Chaubey, son of Rama Shankar Chaubey, Resident of Village- Chaubeypur, P.S.- Rajpur, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate For the State : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks pre-arrest bail in connection with Kadamkuan P.S. Case No.299 of 2015 registered under Sections 406 and 420 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that on the basis of some concocted story, a false case has been instituted against the petitioner in order to extract money from him. He submitted that if the informant has deposited some amount in the account of the petitioner and he wants the same back, it would be simply a case of money claim for which no criminal prosecution under Sections 406 and 420 would lie. On the other hand, learned counsel for the informant

Patna High Court Cr.Misc. No.5529 of 2018 (2) dt.08-02-2018 2/2 submitted that on the pretext of installing a mobile tower on the land of the informant, the petitioner cheated him to the tune of rupees one lac twenty two thousand.

Be that as it may, taking into consideration the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Kadamkuan P.S. Case No.299 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T