Shiv Shankar @ Shiva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31761 of 2022 Arising Out of PS. Case No.-1617 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SHIV SHANKAR @ SHIVA S/o Sonelal @ Sonelal Sharma Resident of Village- Teghraganj, Ward No.16, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri Prasad Sharma S/o Sri Raghubir Sharma Resident of Village- Gayatola, P.S.- Fulparas, District- Madhubani at present residing at Rohini, Sector4, Vijay Bihar Colony, E- 63, Phase- 2, New Delhi- 110085 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baxi S R P Sinha, Sr. Adv.

Mr.Raj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP Mr.Shubhesh Pandey, Adv.

Mr.Neeraj Kumar Painali, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 323, 341, 406, 379, 420 IPC. Allegation against the petitioner is of cheating the money to the tune of Rs.3,00,000/- from the complainant in the name of Welfare Committee formed by accused persons.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence,

Patna High Court CR. MISC. No.31761 of 2022(3) dt.26-09-2022 2/2 in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is general and omnibus in nature. Petitioner has no criminal antecedent and he is agreed to deposit Rs.3,00,000/- subject to final outcome of this case. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.1617(C) of 2021, subject to deposit of Rs.3,00,000/- (Rupees Three Lakhs) before the Nazarat of Civil Court, Begusarai, as also subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, the said amount will be deposited subject to the final outcome of this case.

(Anjani Kumar Sharan, J) pallavi/- U T