Shiv Shankar Prasad @ Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46209 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Shiv Shankar Prasad @ Shankar Sah S/O Late Ram Das Sao R/O Naya Bazar, Dalpatti, Near Chaitya Durga Asthan, Lakhisarai, P.S-Lakhisarai, DistrictLakhisarai, Proprietor Maa Bhawani Enterprises, Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar. Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2021 The matter is being taken up out of turn on the mentioning slip filed on behalf of the petitioner stating that the petitioner is not feeling well and he is required to be treated at the better Hospital.

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in connection with Lakhisarai (Kabaiya) P.S. case No.45/2021 registered under Sections 406, 422 of the Indian Penal Code. The prosecution case, in short, is that the petitioner

Patna High Court CR. MISC. No.46209 of 2021(2) dt.02-09-2021 2/3 and the informant were into a business transaction and Rs.10,55,804/- was not paid by the petitioner to the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of the F.I.R., it appears that the matter relates to civil dispute. There is some dispute in respect of the settlement of accounts.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned C.J.M., Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. case No.45/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.46209 of 2021(2) dt.02-09-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T