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Patna High CourtCR. MISC./47757/2021bail granted

Shyam Bihari Paswan @ Shyam Bihari Ram v. The State Of Bihar

2022-03-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47757 of 2021 Arising Out of PS. Case No.-932 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SHYAM BIHARI PASWAN @ SHYAM BIHARI RAM S/o Late Dwarika Paswan R/o Village- Basdihan, P.S.- Dinara, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ganga Kuor W/o Late Vijay Kumar Paswan R/o Village- Darigaon, P.S.- Darigaon, District- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420 and 120B/34 of the Indian Penal Code and Section 138 of NI Act.

As per the complaint case, the complainant sold a piece of land to the petitioner at the consideration money of Rs.14,87,000/- and the petitioner handed over a cheque of Rs.6,65,000/- in the name of the son of the complainant and assured that the rest amount i.e. Rs.8,35,000/- would be paid in 3-4 days but on depositing the above cheque, it was found

Patna High Court CR. MISC. No.47757 of 2021(2) dt.24-03-2022 2/2 dishonoured due to insufficient amount.

It is submitted by learned counsel for the petitioner that the petitioner have falsely been implicated in this case. He further submits that the sale deed was executed on 25.08.2015 but this complaint case was filed in the year 2018. He further submits that it is a purely civil dispute.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Rohtas at Sasaram in connection with Complaint Case No. 932 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T