Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68358 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Binod Kumar S/O Late Karu Singh @ Late Chandrika Prasad Singh R/o Village- Maghra, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Maharshi Kumar Patel S/O Late Harinarayan Singh R/o Village- Devisarai, P.S.- Deepnagar, District- Nalanda.

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-10-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

No one joins the proceeding on behalf of the opposite party no. 2 on repeated call.

Petitioner apprehends his arrest in connection with Complaint Case No. 34 C of 2018 registered for the offences punishable under Sections 420 of the Indian Penal Code and section 138 of N.I Act.

According to the complaint case itself, neither petitioner has executed any sale deed nor any cash was paid to the petitioner by the complainant. Moroever, only at Para-8 of

Patna High Court CR. MISC. No.68358 of 2019(7) dt.14-10-2020 2/2 the complaint petition , it has been averred that petitioner deposited some cash amount in the account of the complainant. It is informed that co-accused Shyam Singh@ Shyam Kishore Singh and some other have already been granted privilege of anticipatory bail by the learned court below. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- VI, Nalanda at Biharsharif in Complaint Case No. 34 C of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U T