Amar Kishor Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7522 of 2021 Arising Out of PS. Case No.-367 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== AMAR KISHOR SINGH S/o Late Daroga Singh Resident of Baisrwa, P.S.- Gopalpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 9214 of 2021 Arising Out of PS. Case No.-367 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== RUPESH KUMAR SINGH Son of Amar Kishore Singh Resident of Baiskhwa, P.S.- Gopalpur, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Binod Kumar No. 3 Mr. Sanjeev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-05-2022 Heard learned counsels for the petitioners and the State.
Petitioners apprehend arrest in connection with Muffasil P.S. Case No. 367 of 2020 registered for the offence punishable under sections 467, 468, 420, 406/34 of the Indian Penal Code.
Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.7522 of 2021(6) dt.05-05-2022 2/3 submits that petitioners have not committed any offence as alleged in the first information report and they have been falsely implicated in this case due to admitted land dispute. Petitioners have never received any loan from the informant. As a matter of fact petitioner Rupesh Kumar Singh and the informant were partner in hostel business. Petitioners have no criminal antecedent.
Learned Addl. P.P. appearing for the State being assisted by the learned counsel for the informant opposes the prayer for bail of petitioner, Rupesh Kumar Singh on the submission that there is direct allegation against him of taking loan from the informant and in return he gave cheque which bounced. He, therefore, does not deserve to be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, Amar Kishore Singh, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Muffasil P.S. Case No. 367 of 2020 subject to the conditions laid down under section
Patna High Court CR. MISC. No.7522 of 2021(6) dt.05-05-2022 3/3 438(2) Cr.P.C.
So far as petitioner, Rupesh Kumar Singh is concerned, considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not feel inclined to grant him the privilege of anticipatory bail. His prayer for bail is accordingly rejected.
mcv/- (Arvind Srivastava, J) U T