Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29857 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Sanoj Kumar Son Of Gharbharan Ram Resident of Chaurasiya, P.S. - Mohania, District - Kaimur at present residing at Lab Technician, P.H.C. Karagahar, P.S. - Karagahar, District - Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Prasad Choudhary Son Of Late Ram Charitar Chaudhary Resident of Lakhanpura, P.S. - Karagahar, District - Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

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

3. As per the prosecution case, a sale deed of 2 decimals of land was executed by the complainant in favour of petitioner on the consideration amount of Rs. 5,10,000/- for which cheque was given by the petitioner and the same was deposited by the complainant in Punjab National Bank, but other accused persons gave that cheque to petitioner, due to which complainant could not receive the consideration amount.

Patna High Court CR. MISC. No.29857 of 2023(3) dt.18-07-2023 2/2 So in this way, petitioner has cheated the complainant.

4. It is submitted that from perusal of sale deed which was executed by the complainant in favour of petitioner, it is apparent that the entire payment of consideration amount was paid in cash as such there was no occasion for the petitioner to give any cheque to the complainant. The present case has been filed with a view to harass the petitioner. Petitioner claims clean antecedents.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 Additional Chief Judicial Magistrate, Sasaram, Rohtas in connection with Rohtas Complaint Case No. 265 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T