Jwala Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48402 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- BYPASS District- Patna ====================================================== JWALA PRASAD, Son of Sri Ram Lagan Mahto, Resident of Village-Bahri Begampur, Police Station-Bypass, District-Patna. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjan S/o Sri Satyendra Mohan Mishra, R/o Mohalla Roldliganj, P. S. Mehdiganj, District Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 This is an application for grant of anticipatory bail in connection with Bypass P. S. Case No. 107 of 2019, disclosing offences under Sections 461, 379, 504 and 506 of IPC. As per F.I.R. the informant has taken the go-down of the petitioner on rent and it is alleged that petitioner by breaking open the lock has taken away the articles from the go-down, causing loss to the tune of Rs.35 lacs.
Submission of the learned counsel for the petitioner is that as a matter of fact, there is a dispute with respect to demand of rent and as the cheque issued by the informant, has been returned by the petitioner, having no sufficient money and for that, the wife of the petitioner has lodged a case against the informant and others. It has further been submitted that the lock
Patna High Court CR. MISC. No.48402 of 2019(4) dt.15-11-2019 2/2 is still kept on the go-down and nothing has been taken by the petitioner. It is only a pressure tactics to the informant to save his skin in other case, filed by the wife of the petitioner. Heard learned A.P.P. also.
Earlier notice was issued to the opposite party no.2 and a vakaltnama has also been filed by the opposite party no.2, but nobody appears on his behalf.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M.-IV, Patna City, Patna in connection with Bypass P. S. Case No. 107 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T