Upendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46466 of 2018 Arising Out of PS.Case No. -162 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Upendra Prasad S/o Kapildeo Prasad Vill- Yadopur, P.S. Harsidhi, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Sikta P.S. Case No. 162 of 2017, registered for offences punishable under Sections 420, 406 and 506 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that the informant supplied some materials to initiate the construction work on assurance to complete the construction work and as a security, he has given Rs. six lakhs to the petitioner but the petitioner did not complete the work and when the informant demanded his money, he refused to return the money. Submission of the learned counsel for the petitioner is that earlier lodging the present case the petitioner has filed a case

Patna High Court Cr.Misc. No.46466 of 2018 (2) dt.10-08-2018 2/2 against the informant and in that case cognizance was taken on 13.09.2017 thereafter, the present case has been lodged in order to save his skin and the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sikta P.S. Case No. 162 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(Vinod Kumar Sinha, J) Sudha/-sunil U T