Patna High CourtCR. MISC./10099/2017bail granted

Birendra Rai @ Birendra Kumar Rai v. The State Of Bihar

2017-03-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10099 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -CHAKMEHSI District- SAMASTIPUR ====================================================== Birendra Rai @ Birendra Kumar Rai, S/o Munilal Rai, R/o VillageGhogharaha, (Uttarasadhi) Ward No. 4 (but in F.I.R. only Ghogharaha has mention), P.S.- Chakmehsi, Distt.- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate. For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chakmehsi P.S. Case No. 105 of 2016 instituted for the offence under Sections 406 and 420 of the Indian Penal Code. It is alleged that one truck stone chips was delivered to the petitioner by the informant amounting to Rs.66,000. The petitioner paid Rs.38,000/- only and he did not pay the remaining dues amount. Thereafter, the informant had brought the motorcycle and four cane milk of the petitioner to the police station for recovery of the remaining dues.

In this manner from the written report itself it appears that the informant has himself taken the action as mentioned in the written report by bringing the motorcycle to the police station.

Patna High Court Cr.Misc. No.10099 of 2017 (2) dt.10-03-2017 2/2 As per written report this Court finds that there is no substantive proof that Rs.28,000/- was due with the informant. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Chakmehsi P.S. Case No. 105 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Samastipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T