Syed Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68959 of 2019 Arising Out of PS. Case No.-193 Year-2014 Thana- MANIYARI District- Muzaffarpur ====================================================== Syed Imam, S/o Late Mukhtar Ahmad, R/o village- Mohammadpur, Mobarak, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manoj Kumar, S/o Jainarayan Roy, R/o village- Mohammadpur, Mobarak, P.S.- Maniyari, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 This is an application for grant of anticipatory bail in connection with Maniyari P. S. Case No. 193 of 2014, disclosing offences under Sections 406 and 420 of IPC and Section 138 of N.I. Act.

As per F.I.R. there was a talk between petitioner and informant with respect to purchase of the land and informant has paid Rs.2,00,000/-, but no sale deed was executed and later on, two cheques of Indian Overseas Bank was given to the informant, but the same was dishonoured due to insufficient money.

Submission of the learned counsel for the petitioner is that he has already paid Rs.1,95,000/- by cheque in the account of the informant.

Patna High Court CR. MISC. No.68959 of 2019(2) dt.04-11-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, it appears that earlier petitioner has moved before the learned Sessions Judge in the year 2015 and now a plea has been taken that he has paid the amount to the informant. As such, this application is disposed of with a direction to the petitioner to file a fresh anticipatory bail application before the learned Sessions Judge on the above plea and the learned Sessions Judge after giving an opportunity to the informant in order to verify the above submission passed an appropriate order.

In the meantime, petitioner shall not be taken into custody.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T