Anant Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54753 of 2023 Arising Out of PS. Case No.-13427 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ANANT KUMAR PANDEY Son of Birendra Pandey Resident of village - Makdumpur, P.S. - Ben, Distt. - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Paras Kumar Son of Banke Bihari Singh Resident of village - Manpur Bairiya, P.s. - Gopalpur, Distt. - patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivnandan Bharti, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP Mr.Pankaj Kishore, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 406 of the IPC and 138 of the Negotiable Instrument Act.

3.

Allegedly, the petitioner is said to have taken Rs.3 Lakh from the complainant in lieu of transferring of land but failed to do so and thereafter, he gave a cheque to the complainant which also got dishonored and returned to the complainant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.54753 of 2023(3) dt.15-09-2023 2/2 the manner as alleged, has ever taken place. It is submitted that the Complaint case was lodged initially u/s 420, 406 of the IPC and section 138 of the Negotiable Instrument Act and cognizance has been taken u/s 406, 418 of the IPC and section 138 of the N.I. Act. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering that the cognizance has already been taken u/s 148 of the N.I. Act, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.13427(C)/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T