Ganesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30001 of 2019 Arising Out of PS. Case No.-482 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Ganesh Ram S/o Late Sukhram Ram R/o village- Bahura Haribansh, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Kesariya P.S. Case No. 482 of 2018, registered for the offence punishable under Section 406, 420 of the Indian Penal Code and Section 138 of N.I. Act. Allegation has been made that the informant has given Rs. 1,00,000/- for purchase of a piece of land to Shambhu Kumar by way of advance and when the informant arranged rest consideration amount of land, he requested accused persons to get registered the said land to him, but the accused persons started evasion and they demanded consideration amount of said land as Rs.5,00,000/- in place of Rs. 3,00,000/- and when the informant went to the house of accused persons and demanded his money, the co-accused Shambu Kumar gave a cheque of Rs.

Patna High Court CR. MISC. No.30001 of 2019(2) dt.07-05-2019 2/2 25,000/- and assured that he would return the rest amount of Rs. 75,000/- within a month. When the informant deposited the said cheque in the Bank, the same has been bounced. Thereafter, accused person refused to get registered the land or to return money and also abused and assaulted him.

Learned counsel for the petitioner submits that he is nowhere connected with the said transaction as the money was given to Shambhu Kumar and he had given a cheque. The petitioner is father of Shambhu Kumar.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, DistrictEast Champaran in connection with Kesariya P.S. Case No. 482 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T