Ayush Khedariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39357 of 2018 Arising Out of PS. Case No.-40 Year-2017 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Ayush Khedariya, Son of Hanuman Khedariya Resident of Village- Sri Ram Palace Lane, Raurkela, at Civil Town , P.S.- Sundargarh, District- Raurkela, State- Orissa. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Thakur For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Sri Krishnapuri P.S. Case No. 40 of 2017 for the offence under sections 467, 468, 471 and 420 of the Indian Penal Code. Mr. Ajay Thakur, learned counsel appearing on behalf of the petitioner would submit that primarily the dispute relates to settling of the account in connection with some agreement and as such for settlement of the account and for such money claim, the present case is a pressure tactics and as such the petitioner deserves anticipatory bail. He submits that petitioner has got no criminal antecedent.

Mr. Vinay Mistry, learned counsel appearing on behalf of the informant submits that huge amount is involved in the transactions and only because of the fact that petitioner has betrayed the informant, the present application has been filed. However, he admits that the allegation against the petitioner does not dis-entitle for grant of anticipatory bail.

Patna High Court Cr.Misc. No.39357 of 2018(4) dt.11-12-2018 2/2 For the ends of justice, the Court may impose condition so that informant may not suffer adversely. Considering the totality of the facts situation particularly the money claim based on understanding between the parties and the fact that the issue of accounting is involved, the Court is inclined to grant bail to the petitioner. The grant of bail to the petitioner will not cause any prejudice to the informant in realizing the amount arising out of the implementation or breach of agreement between the parties. In view of the above, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Praveen Kumar Singh, learned Additional Chief Judicial Magistrate-Patna cum Special Judge, CBI-1 in connection with Krishnapuri P.S. Case No. 40 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T