Chandan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44004 of 2018 Arising Out of PS. Case No.-918 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Chandan Kumar, Son of Bhudeo Sharma, Resident of Village- Dhrubganj, P.S. Kharik, District- Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Amit Kumar Anand @ Amit Kumar Raja, Son of Sri Ram Chandra Sah, Resident of Village- Nanhkar, P.S. Parbatta, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in complaint case no. 918 of 2014 instituted for the offence under Section(s) 323,406,420,467,471,472,474,484,504 and 506/34 of the Indian Penal Code.

The allegation against this petitioner is that he took Rs. five lacs from the complainant on the assurance to get job but the job was not provided. Thereafter the petitioner assured to execute sale deed of the land but the same was also not done. Learned counsel for the petitioner has submitted that there is no any chit of paper in support of the submission made in the

Patna High Court Cr.Misc. No.44004 of 2018(2) dt.25-07-2018 2/2 complaint petition that complainant has paid Rs. five lacs to the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with complaint case no. 918 of 2014, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Naugachia, Dist. Bhagalpur subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.