Shiv Prakash Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63163 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Shiv Prakash Choudhary, Son of Late Dashrath Choudhary, Resident of village- Maheshpur, Police Station- Pipra, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Permeshwar Kumar Yadav Son of Kalicharan Yadav Resident of village- Dharahra, Police Station- Raghopur, District- Supaul .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 136C of 2017 instituted for the offence under Sections 406, 420, 341, 323, 379 and 120B of the Indian Penal Code. It is alleged in the complaint petition that Rs.3,00,000/- was taken by this petitioner from the informant for running brick kiln on 1.3.2013 but the complaint has been lodged on 17.05.2017.

Learned counsel for the petitioner has submitted that Panchnama was prepared which is mentioned by the complainant in complaint petition but that Panchnama has not been brought on record by the petitioner.

Patna High Court Cr.Misc. No.63163 of 2017 (3) dt.02-04-2018 2/2 This Court from nature of allegation in the complaint petition finds that it is a matter of civil dispute. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 136C of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Bibhuti Bhushan, learned Judicial Magistrate, Birpur (Supaul), subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.