Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54393 of 2022 Arising Out of PS. Case No.-607 Year-2020 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== BIRENDRA SINGH Son of Shankar Dyal Singh @ Dobhan Singh Resident of Village - Dulhinganj, P.s.- Jagdishpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tarkeshwar Kumar Son of Raghuvar Dyal Singh Resident of Village - Laxmanpur, P.s.- Ara Muffasil, Distt.- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-02-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 607C of 2020, registered for the offences punishable under Section 420 of the Indian Penal Code.

The complainant has levelled allegation against the petitioner that he was a contractor. He developed friendship with the petitioner and both were engaged in a construction

Patna High Court CR. MISC. No.54393 of 2022(2) dt.02-02-2023 2/3 works. Later on, he came to know that the petitioner is a person of fraudulent nature. The complainant give him two cheques of Rs. 1 lakh. Later on, the informant gave Rs. 3 lacs to the petitioner on his assurance that he would secure job for son of the complainant, but they misappropriated that amount. The learned counsel for the petitioner has submitted that it is an admitted fact that the complainant and the informant, both were contractors and working together. As a matter of fact, there is some dispute for transaction of money. The petitioner has also lodged complaint case against the complainant. The complainant has not disclosed the mode whereby he has given Rs. 3 lacs to wife of the petitioner. He is a person of clean antecedent.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Complaint Case No. 607C of 2020, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by

Patna High Court CR. MISC. No.54393 of 2022(2) dt.02-02-2023 3/3 the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) nirmal/kundan U T