Subash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16878 of 2018 Arising Out of PS.Case No. -450 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Subash Prasad, S/o Late Ramadhar Mahto R/o Village- Majhariya, P.S.- Jagdishpur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Sri Ramchandra Sahani, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 419,420,406 of the Indian Penal Code and later on Section 138 of N.I.Act was added.

The FIR would reveal that the allegation of cheating is in the background of an agreement to sell between the parties.

Submission is that there is no proof of payment of such a huge amount as advance consideration money for the transaction.

Considering the aforesaid facts as well as civil remedy to the informant, let the petitioner, above named, be

Patna High Court Cr.Misc. No.16878 of 2018 (2) dt.27-03-2018 released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bettiah Muffasil Police Station Case No.450 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T