Patna High CourtCR. MISC./61647/2017allowed

Sheshnath Chaurasia v. State Of Bihar And ANR

2018-01-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61647 of 2017 Arising Out of PS.Case No. -775 Year- 2012 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Sheshnath Chaurasia S/o Late Jagan Ram Chaurasia, R/o MohallaKabirganj, Road, Sasaram, P.S.- Sasaram (T), District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Yogendra Prasad Singh, S/o Late Someshwar Prasad Singh, R/o villageSikarian, P.S.- Darigaon, District- Rohtas at present Soni Tires, GT. Road, (near Muffasil Thana), P.S.- Sasaram (T), District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Poddar Suresh Gandhi For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 775 of 2012, Tr. No. 237 of 2017 registered for the offences punishable under Section 420 of the Indian Penal Code.

The allegation against the petitioner is that he being the member of the committee in which the informant had paid a sum of Rs.4, 50,000/-, has failed to return the money to the petitioner even after a lapse of considerable time.

The learned counsel for the petitioner submits that at best the

Patna High Court Cr.Misc. No.61647 of 2017 (4) dt.10-01-2018 2/2 allegations levelled in the complaint are of civil nature and no criminal offence is made out. It is further submitted that the petitioner and the informant both are businessmen and have business rivalry with each other. Hence, the present complaint petition is motivated.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks before the concerned court, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rohtas, Sasaram in connection with Complaint case no. 775 of 2012, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T