Patna High CourtCR. MISC./14723/2016bail granted

Brij Nandan Mishra v. State Of Bihar And ANR

2016-08-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14723 of 2016 Arising Out of PS.Case No. -2925 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Brij Nandan Mishra, son of Late Nand Kishore Mishra, resident of Mohalla Deewakar Lane Mauna Mishra Toli, Police Station Chapra Town, District Chapra (Saran) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pramod Kumar Singh, son of Late Mohan Prasad Singh, resident of Mohalla Prabhunath Nagar, Hosuing Board, House No. C-154, Police Station Chapra (Mufassil), District Saran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra Mr. Varun Kumar For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-08-2016 Heard learned Counsel for the parties concerned.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 2925 of 2013, registered for the offences punishable under Sections 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

In pursuance of the order of this Court, dated 29.08.2016, the petitioner is personally present in Court. The Opposite Party No. 2 despite having given the liberty to appear before this Court personally, have

Patna High Court Cr.Misc. No.14723 of 2016 (5) dt.30-08-2016 2/2 refused to appear.

Learned Counsel for the petitioner appears to be right in his submission that there is primarily civil dispute between the petitioner and the other side, which is the reason behind filing of the complaint case.

Considering the above submission, this application is allowed.

The petitioner, Brij Nandan Mishra, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri S. Kumar, Judicial Magistrate, 1st Class, Chapra, in connection with Complaint Case No. 2925 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √