Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49858 of 2018 Arising Out of PS.Case No. -289 Year- 2016 Thana -GARDANIBAGH District- PATNA ======================================================

1. Deepak Kumar S/o Jitendra Mahato, age about 30 years, R/o Bandh Gaddi, Deepa Toli, P.S. Sadar, District- Ranchi, Jharkhand. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Gardanibag P.S. Case No. 289 of 2016, registered for offences punishable under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code and 138 of N.I. Act.

As per F.I.R., allegation against the petitioner is that when the informant has contacted with co-accused persons for purchase of land and has given amount to the petitioner and sale deed has to be registered in the name of the son, daughter and other relatives of the informant but no sale deed was executed nor payment was made and when he asked the co-accused persons for return the money, some cheques had been issued by the petitioner but those cheques bounced on production. Submission of the learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.49858 of 2018 (2) dt.30-08-2018 2/2 the petitioner had returned the entire amount but money receipt was never given to him and the informant being an IPS Officer got issued different cheques from the petitioner and also made them to sign over blank and written papers. It is further submitted that the petitioner has no criminal antecedents. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-XIV-cum-Additional Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case No. 289 of 2016, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T