Patna High CourtCR. MISC./51075/2017dismissed

Shambhu Kumar v. The State Of Bihar

2018-03-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51075 of 2017 Arising Out of PS.Case No. -294 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== Shambhu Kumar, Son of Bhola Yadav, R/o Village- Bhagalpur, P.S.- Kahalgaon, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Sager Sharma, Advocate. Learned counsel for the informant : Mr. Bhola Prasad, Advocate Mr. Tarun Prasad Mandal, Adv.

Mr. Ashok Kumar No. 5, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kahalgaon P.S. Case No. 294 of 2017 instituted for the offence under Sections 406, 420, 467 and 468 of the Indian Penal Code. It is mentioned in the order dated 22.12.2017 that learned counsel for the petitioner has undertaken that he is ready to return Rs.11,00,000/- to the informant within a period of three months.

Today, the learned counsel for the petitioner is not making any submission with respect to undertaking given on 22.11.2017.

In the written report there is allegation against the

Patna High Court Cr.Misc. No.51075 of 2017 (6) dt.22-03-2018 2/2 petitioner that he took an amount of Rs.11,00,000/- from the informant for sale of the land which on enquiry was found to be the government land. In this manner, the petitioner cheated the informant.

Case diary has been received.

Learned A.P.P. after perusing the case diary has submitted that the land for which the deal has been made by the petitioner is government land.

Learned counsel for the informant has appeared and submitted that he has made payment to the petitioner through cheque.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T