Binay Kumar Bagi @ Binay Kumar Baghi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51006 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== BINAY KUMAR BAGI @ BINAY KUMAR BAGHI (M), aged about 48 years, Son of Krishna Ram, resident of Village- Jagjeevan Nagar, Ward no.27, P.S.-Bettiah Town, District-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bettiah (T) P.S. Case No. 197 of 2019, registered for the offence under Sections 420 and 406 of the Indian Penal Code and under Section 138 of the N.I. Act. Allegation has been made that the informant had given an advance of Rs.3,00,000/- to one Satyanarayan Raut in presence of witnesses pursuant to agreement for sale to purchase of a piece of land in a consideration amount of Rs.19,50,000/-. After some time, the informant gave Rs.3,50,000/- on different dates to said Satyanarayn Raut and other accused persons, but when the informant requested them to take rest of the amount

Patna High Court CR. MISC. No.51006 of 2019(3) dt.17-08-2019 2/2 and execute the sale deed, the accused persons demanded more money as extortion for execution of sale deed. Learned counsel for the petitioner submits that the petitioner is only a witness to the negotiation and admitted amount has already been given to the informant. He further submits that accused Satyanaran Raut and others have been granted anticipatory bail by this Court in Criminal Miscellaneous No.46586 of 2019.

Looking to the entire facts and circumstances of the case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah (T) P.S. Case no. 197 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T