Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.724 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- MAJORGANJ District- Sitamarhi ====================================================== CHANDAN KUMAR Son of Sri Shibeshwar Prasad @ Bisheshwar Sherma Resident of Village - Dashara Bazar, P.S.- Kotwali,(in FIR P.S. Wrongly Written as Dashara Bazar), Distt.- Munger at present Posted as Circle Officer, Block- Balia, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Madhubala Verma, Adv.
For the Opposite Party/s :
Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420 of the IPC. The allegation against the petitioner is that he had taken Rs.21,96,000/- from the informant for purchase of flat and when he demanded it back, petitioner returned 45,000/- and assured to return the remaining amount but later on refused to pay the same and started giving threatening of life.
Patna High Court CR. MISC. No.724 of 2022(4) dt.23-08-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the dispute between the parties regarding transaction of money. There is no documentary evidence regarding payment of the amount by the informant as alleged in the FIR. It is further submitted that the petitioner has also filed a case against the informant on the same date. Petitioner has one criminal antecedent.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the petitioner has not returned back the money given to him by the informant and there is an allegation against him of threatening the informant.
Having regard to the facts and circumstances of the case, since the dispute is regarding transaction of money and there is lack of documentary evidence regarding payment of alleged money, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with
Patna High Court CR. MISC. No.724 of 2022(4) dt.23-08-2022 3/3 two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mejorganj P.S. Case No.115 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T