Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36116 of 2018 Arising Out of PS.Case No. -292 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sanjay Sah, son of Gorakh Sah, resident of village- Pakariya Tola, Belwa, Police Station- Jagdishpur, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Nautan (Jagdishpur) P.S. Case No.292 of 2016 instituted for the offence under Section(s) 406 and 506 Indian Penal Code. Counsel for the petitioner submits that earlier bail petition was withdrawn because the petitioner was released under the provision of Section 41(2)Cr.P.C. and liberty was given to the petitioner to file fresh anticipatory bail application in the event of his apprehension of arrest.
Counsel for the petitioner has further submitted that, now, non-bailable warrant of arrest has been issued against him. It has been mentioned in para 8 of the bail petition that petitioner
Patna High Court Cr.Misc. No.36116 of 2018 (2) dt.27-06-2018 2/3 sold his Scorpio vehicle to the informant for Rs.8,20,000/- out of which he paid Rs.2,30,000/- and for the rest amount the informant has taken loan from Union Bank and in default of repayment of the same by the informant, the Bank took physical possession of the vehicle and the same has been released by the Bank in favour of the petitioner. It is further submitted that the Bank after verifying all the documents produced by the petitioner has released the vehicle in favour of the petitioner, which falsify the allegation of the informant.
Counsel for the petitioner has further submitted that the informant had taken loan of Rs.5,30,000/- and gave six cheques against the outstanding amount, out of which informant returned Rs.1,30,000/- in the Bank Account of the petitioner, but did not return the rest Rs.4,00,000/-. When the petitioner demanded the aforesaid amount from the informant, he refused to return the same. The petitioner then deposited the cheque in the account, but the same has been dishonoured for which petitioner has filed Nautan (Jagdishpur) P.S. Case No.316 of 2016 against the informant.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within
Patna High Court Cr.Misc. No.36116 of 2018 (2) dt.27-06-2018 3/3 six weeks from today in connection with Nautan (Jagdishpur) P.S. Case No.292 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bettiah, West Chamapran, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T