Shyam Sunder Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30386 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Shyam Sunder Singh, son of Krishna Nand Singh, resident of Vidyanand Maheshwari Complex, Manglam Vihar, Sudha Dairy Road, Police StationDanapur, Distict Patna at present Project Manager, Kanishka Buildcon Pvt. Ltd.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. Ajay Kumar No. 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-07-2017 Heard learned counsels for the petitioner and the State.
The petitioner apprehends his arrest in connection with Danapur P. S. Case No. 100 of 2017 instituted under Sections 323, 379, 341, 406, 420, 504 and 506/34 of the Indian Penal Code. The allegation, in brief, is that the informant had given his land to Kanishka buildcon Pvt. Ltd for developing and constructing an apartment over it. The informant requested Pravin Kumar, C.M.D. of the Company to hand over after completing his share of three flats then he said to get it done by himself and he would make payment but did not make payment. The only allegation against this petitioner is that when the driver of the
Patna High Court Cr.Misc. No.30386 of 2017 (2) dt.06-07-2017 2/3 informant came in the apartment, he closed the door of the apartment and assaulted the driver and committed theft of Rs. 45,000/- .
It is submitted that there is some dispute between the builder and the informant and the petitioner is only Project Manager of the said apartment. The informant wanted to make one unit of his three shares of flat when builder refused then to give pressure, this false case has been lodged moreover only allegation against the petitioner is of assaulting the driver but there is no injury and a counter case has been filed by this petitioner against the informant and he had no criminal antecedent and only after lodging of this case the informant and his associates has got the same case lodged against him relating to theft, cheating and breach of trust.
Having considered the aforesaid facts and circumstances, let the petitioner, namely, Shyam Sunder Singh, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S.Case No. 100 of 2017; subject to the conditions laid down
Patna High Court Cr.Misc. No.30386 of 2017 (2) dt.06-07-2017 3/3 under Section 438(2) of the Code of Criminal Procedure, 1973. (Arun Kumar, J) Sujit/- U