Patna High CourtCR. MISC./9957/2018bail granted

Nikhil Priyadarshi v. State Of Bihar And ANR

2018-02-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9957 of 2018 Arising Out of PS.Case No. -721 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Nikhil Priyadarshi aged about 38 years, S/o Krishna Bihari Prasad Sinha, resident of Plot No. 11, Bisheswaraya Nagar, Baily Road, Patna, P.S.- Rupaspur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sohaib Hasan Chand, age about 51 years, S/o Late Ali Hasan, R/o Chand Villa, Chunbati Kuan, P.S.- Phulwarisharif, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Shama Sinha, Advocate For the Opposite Party/s : Mr. Dilip Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2018 Petitioner is permitted to make correction in para-1 of the bail petition.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Complaint Case No.721 of 2017, a case under Sections 406/420/467/468/471/387/120B of the Indian Penal Code, pending in the Court of Additional Chief Judicial Magistrate-XII, Patna. The complaint based allegation would reveal that in pursuance of an agreement to develop multistoried building on the land of the petitioner Rs.2.35 crores out of Rs.4.00 crores was

Patna High Court Cr.Misc. No.9957 of 2018 (2) dt.20-02-2018 P2/ paid to the petitioner as non-refundable money. Submission is that after the dispute cropped up on performance of contract by the complainant the false F.I.R. has been lodged.

Considering the nature of dispute and the fact that there is no evidence of payment of such a huge amount to the petitioner , let the petitioner, above named, be 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 the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T