Virendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28421 of 2019 Arising Out of PS. Case No.-470 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== VIRENDRA SINGH S/O Late Rameshwar Singh R/o Village- Paras Pakri Chanayan Bandh, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Informant :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. The petitioner seeks bail in Bettiah (Muffasil) Banuchhapar P. S. Case No. 470 of 2018 instituted for the offence under Section(s) 406 and 420 of the Indian Penal Code.

It is alleged in the written report that petitioner agreed to sale his truck to the informant at a cost of Rs. 22 lacks. The informant paid Rs. 5 lacs by way of cheque and Rs. 17 lacs by cash to the petitioner. It has further been alleged that after receiving the amount, the truck was not handed over to the informant.

Learned counsel for petitioner submits that informant has filed another case against this petitioner vide Muffasil

Patna High Court CR. MISC. No.28421 of 2019(2) dt.01-05-2019 2/2 Banuchhapar P.S. case no. 6 of 2019 for the offences U/s 420 and 406 of the IPC levelling allegation that petitioner had taken Rs. 5,00,000/- on 5.3.2018, but he did not supply the stone and, on demand, petitioner refused to pay the same. He further submits that there is no any chit of paper on record to support that informant had paid an amount of Rs. 17 lacs to the informant in cash.

From the nature of allegation made in the written report and from perusal of Annexure-2 it appears that both the parties were having business transaction.

Petitioner is in custody since 11.2.2019.

Considering the aforesaid, let the petitioner, above named, 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 the CJM Bettiah West Champaran, in connection with Bettiah (Muffasil) Banuchhapar P. S. Case No. 470 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T