Bablu Singh@ Bablu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2829 of 2017 Arising Out of PS.Case No. -2570 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Bablu Singh@ Bablu Kumar S/o Sri Surendra Singh Resident of VillageSikarpur, P.S. Sahpur, District-Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rajeshwar Prasad Singh S/o Late Ram Dheyan Singh, Resident of Village-Anda, P.O. + P.S. Phulwarisharif, District-Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Sharan Singh For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Complainant.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Complaint Case No. 2570 (C) of 2013 for the offences punishable under section 406 of the I.P.C and section 138 of the N.I. Act.
Allegedly, the petitioner came with Gaurav Singh and asked the complainant to purchase the land of Gaurav Singh for Rs. 10,00,000/- and then Gaurav Singh took Rs. 3,00,000/- by way of advance through cheque and executed the deed of agreement
Patna High Court Cr.Misc. No.2829 of 2017 (3) dt.11-04-2017 2/3 but thereafter it transpired that Gaurav Singh had executed several deed of agreement with respect to that land to the different persons. Gaurav Singh also took Rs. 50,000/- through cheque from the complainant and then the complainant asked Gaurav Singh to return the amount with interest and damages. Legal notice was sent and then Gaurav Singh gave a cheque of Rs. 4,20,000/- to the complainant which was dishonored. The petitioner and Ranjeet Singh have signed as witnesses on the deed of agreement also. Submission is of false implication and that the petitioner is simply a witness on the deed of agreement, he has not cheated the complainant rather it is Gaurav Singh who has taken the amount and gave cheque of Rs. 4,20,000/- which was dishonored and as such the petitioner deserves sympathetic consideration.
The learned A.P.P. duly assisted by the learned counsel for the complainant opposes prayer for pre-arrest bail of the petitioner by submitting that the petitioner is relative of the complainant and he brought Gaurav Singh before him and he is broker and witness on the deed of agreement also. In the facts and circumstances as stated above, considering that Gaurav Singh has executed the deed of agreement and he has given cheque of Rs. 4,20,000/- which has been
Patna High Court Cr.Misc. No.2829 of 2017 (3) dt.11-04-2017 3/3 dishonored, the petitioner is simply a witness and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Sub. Judge-III -Cum- A.C.J.M. Patna in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T