Shri Narayan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.8521 of 2018 (2) dt.21-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8521 of 2018 Arising Out of PS.Case No. -172 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shri Narayan Singh Son of late Fekan Singh Resident of Village: Trilokawa, P.S. Kesaria, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-02-2018 Heard both sides.

The petitioner apprehends his arrest in Kesariya P.S. Case No.172 of 2017 registered under Sections 406, 420 of the Indian Penal Code.

The informant alleged that the petitioner took Rs.5 lacs from him but the petitioner did not return. Panchayati was also held but the petitioner refused to return the money and threatened the informant to lodge criminal case.

The learned counsel for the petitioner submits that there is no chit of paper to show that the petitioner ever received any money from the informant. The petitioner lodged Kesariya P.S. Case No.171 of 2017 against the informant for assaulting and

Patna High Court Cr.Misc. No.8521 of 2018 (2) dt.21-02-2018 snatching different articles from the possession of the petitioner and, thereafter the informant of the present case lodged this case. Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that there is no chit of paper to show that the petitioner ever received any money from the informant, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, District: East Champaran in connection with Kesariya P.S. Case No.172 of 2017(G.R. No.3802 of 2017), subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T