Jai Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56922 of 2019 Arising Out of PS. Case No.-426 Year-2016 Thana- SIKARPUR District- West Champaran ====================================================== JAI PRAKASH SINGH Son of Late Vishwanath Singh Resident of VillageLipni, P.S.- Mainatand, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Anis Akhtar For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Shikarpur P.S. Case No. 426 of 2016, disclosing the offence under Sections 406, 420 and 34 of the Indian Penal Code. It is alleged in the FIR that the named accused persons had hired certain articles of the informant's sugar mill on rent for business purpose. Under the agreement of hire reached between the informant and the accused persons, the informant was entitled to certain amount, which, on demand, was refused by them.
Learned counsel appearing on behalf of the petitioner has submitted that no offence can be said to be made out under Sections 406 and 420 of the IPC on the basis of what has been
Patna High Court CR. MISC. No.56922 of 2019(2) dt.09-09-2019 2/2 alleged in the FIR.
Considering the nature of dispute between the parties giving rise to lodging of the FIR, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in Shikarpur P.S. Case No. 426 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Rajesh/- U T