Ranjesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64430 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== RANJESH KUMAR SINGH Son of Satyendra Singh @ Sahedeo Singh Resident of Village - Chakeyaz, P.S.- Desri, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Anita Kumari Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

Petitioner is apprehending his arrest in Mahnar P.S. Case no. 33/2019 registered under sections 409, 420, 341, 323,379, 504/34 of the IPC and section 138 of the NI Act. Allegation against the petitioner is total amount of Rs 24 lakh was given to him for purchase of some land by the informant but the same has not been returned in full and Rs 21 lakh allegedly remained outstanding. The petitioner has also not honoured the transaction by transferring land in question in favour of the informant.

Counsel for the petitioner submits that F.I.R does not give any detail in respect of alleged payment of huge amount of

Patna High Court CR. MISC. No.64430 of 2019(4) dt.10-12-2019 2/3 Rs 24 lakh. He further submits that F.I.R alleging that cheque issued for repayment to the informant was snatched on 03.02.2019 and the case has been lodged two days thereafter without any explanation for delay in lodging the F.I.R. Counsel for the informant submits that huge amount has been paid on various dates as per averments made in the F.I.R and the petitioner has accepted the amount and as such offence under the provision for which case has been lodged is clearly made out. He has also tried to place the averments made in the counter affidavit which has been filed in the instant case. Issue as of today for consideration is regarding for grant of anticipatory bail to the petitioner.

At this stage, this court is inclined to accept the submissions advanced on behalf of the petitioner. Prayer for anticipatory bail is allowed. In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Mahnar P.S. Case no. 33/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of

Patna High Court CR. MISC. No.64430 of 2019(4) dt.10-12-2019 3/3 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T