Ram Ji Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54605 of 2024 Arising Out of PS. Case No.-304 Year-2024 Thana- BUXAR District- Buxar ====================================================== Ram Ji Verma S/o Late Baijnath Verma R/o Mohalla - Thatheri Bazar ward no. 25, P.S. - Town, Distt. - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420 and 42 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. 3 . As per the prosecution case , allegation against this petitioner is that he refused to execute sale deed in favour of the complainant with respect to the property for which consideration money was paid to petitioner by the complainant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.54605 of 2024(2) dt.04-09-2024 2/3 dispute involved in this case is purely of civil nature . As per F.I.R., petitioner was paid only Rs. 5 lakhs pursuant to the agreement and out of which he has already paid 2 lakh 74 thousand to the complainant. However, petitioner without admitting his guilt is ready to pay the rest alleged amount of Rs. 2,26,000/- ( two lakhs twenty six thousand ) in easy installments.
5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 learned CJM at Buxar in connection with Buxar Town P. S. Case No. 304 of 2024 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 1, 25,000 /- (one lakh twenty five thousand) through Bank Draft/cash in the Nazarat of Civil Court, Buxar at the time of furnishing bail-bond.
(ii) The petitioner shall deposit the rest amount i.e., Rs. 1,01,000 /- ( One lac
Patna High Court CR. MISC. No.54605 of 2024(2) dt.04-09-2024 3/3 one thousand ) in through Bank Draft/cash in the Nazarat of Civil Court, Buxar within a period of six month from the date of furnishing bail-bond.
(iii) The aforesaid payment shall be subject to the final outcome of the case .
(iv) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) Koushik/- U T