Akhilesh Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51462 of 2019 Arising Out of PS. Case No.-311 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== AKHILESH SHAHI Son of Late Singheshvar Shahi, Resident of Village - Balathari, P.S.- Kuchaikot, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.V.Giri, Sr. Advocate Mr.Ranjeet Kumar Pandey For the State :

Mr.Arun Kumar Pandey, APP For the informant Mr. Manish Rai Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kuchaikot P.S. Case No. 311 of 2018, disclosing offences under Sections 419, 420, 467, 468, 471 and 406 of the Indian Penal Code.

It is alleged in the FIR that in the name of transfer of a vehicle in favour of the informant, the petitioner had taken from him a sum of Rs. one lakh in cash as a bond, against total consideration money of Rs. five lakh. It is further alleged that not only that the petitioner has refused to transfer the vehicle, in question, it has been learnt by the informant that the vehicle does not belong to him.

Mr. Y. V. Giri, learned Senior Counsel for the petitioner, has submitted that the informant and the petitioner are on litigating terms and several cases have been filed by both sides, which are pending.

Patna High Court CR. MISC. No.51462 of 2019(2) dt.19-08-2019 2/2 Learned counsel for the informant, on the other hand, has vehemently opposed the prayer for grant of anticipatory bail.

However, considering the nature of disputes between the informant and the petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned ACJM-VII, Gopalganj in connection with Kuchaikot P.S. Case No. 311 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T