Patna High CourtCR. MISC./29007/2014bail granted

Chandra Shekhar Sharma @ Shekhar v. State Of Bihar And ANR

2015-01-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29007 of 2014 Arising Out of PS.Case No. -413 Year- 2013 Thana -AURANGABAD District- AURANGABAD ====================================================== Chandra Shekhar Sharma @ Shekhar, son of Late Awadh Bihari Sharma, Resident of Village - Shamsher Nagar, Police Station -Daud Nagar, District - Aurangabad, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ravishanker Kumar, S/o Saryu Pd. Singh, Resident of Mohalla - Kalab Road, P.S. Town Aurangabad, District - Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehending his arrest in connection with Aurangabad P.S. Case No. 413 of 2013 registered for the offences under Sections 406, 420, 504 and 506 of the Indian Penal Code seeks privilege of pre arrest bail. Allegedly, the petitioner took away bilty valuing Rs. 2,75,950/- and thereafter gave cheque of Rs. 1,000,00/- only and rest amount has not been paid.

Submission is that the petitioner is not doing business of anything. It is out and out a false case. The petitioner has also lodged the complaint case as he has given cheque of Rs. 1,000,00/- by way of dues to the informant and

Patna High Court Cr.Misc. No.29007 of 2014 (3) dt.07-01-2015 the informant is not returning the said amount. The petitioner has not received any bilty and as such deserves sympathetic consideration to which the learned APP submits that the case appears of civil nature.

In the facts and circumstances as stated above, in case of arrest or surrender before the court below within one month from the date of receipt/production of a copy of this order, the petitioner namely Chandra Shekhar Sharma @ Shekhar shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 413 of 2013 with condition as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) P.K./- U T