Allowed

Ranjeet Kumar Singh v. The State Of Jharkhand

Jharkhand HC8 Sept 2014A.B.A./1040/2014

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the petitioner, Ranjeet Kumar Singh. The bench held that the allegations arising from the sale agreement and unpaid installments constitute a civil dispute. Based on this characterization and the accused's willingness to provide a demand draft, anticipatory bail was granted with sureties.

What did the court decide?

Anticipatory bail granted to the petitioner to be released upon surrender, furnishing a bail bond of Rs. 10,000/- and two sureties of the like amount to the Judicial Magistrate.

Ranjeet Kumar Singh Vs The State Of Jharkhand — Cheating and Forgery | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 1040 of 2014 Ranjeet Kumar Singh ...... … Petitioner Versus 1. The State of Jharkhand 2. Bhim Sao .…. … Opposite Parties -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. A.K. Sahani, Advocate For the State : A.P.P. For the O.P. No.2 : Mr. Shailendra Jit, Advocate ------

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6/ 08.09.2014 Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for opposite party No.2.

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The petitioner is apprehending his arrest in connection with Mandu (W.B.) P.S. Case No. 206 of 2013 corresponding to G.R. No. 1723 of 2013, for the alleged offences under Sections 323, 406, 420, 465, 467,468 and 427 of the Indian Penal Code.

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The complaint case was instituted by the complainant-opposite party No.2 alleging that the truck of the complainant was sold to the accused petitioner after entering into an agreement between the parties that the remaining installments to the financier shall be paid by the accused. It is also alleged that a sum of Rs. 2,00,000/- was given to the complainant in cash and a cheque of Rs. 60,000/- was also given to the complainant, which bounced.

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Learned counsel for the petitioner has submitted that the petitioner had already paid a sum of Rs. 40,000/- to the complainant and he is ready to hand over a demand draft of Rs. 20,000/- to the learned counsel for complainant opposite party No.2. Learned counsel has accordingly, prayed for bail.

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Learned counsel for opposite party No.2 has submitted that the present case has primarily been filed for non-payment of installments by the petitioner to the financer. Learned counsel for opposite party No.2 is not ready to accept the demand draft for Rs. 20,000/- as offered by the learned counsel for petitioner.

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-2-

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In the facts of this case, I find that this is a dispute arising out of agreement of sale of a truck between the parties, and in my considered view the dispute, if any between the parties, is primarily of civil nature.

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In the facts of this case, I am inclined to grant anticipatory bail to petitioner, Ranjeet Kumar Singh. Accordingly, it is directed that in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of Smt. Shweta Kumari, learned Judicial Magistrate 1^st Class, Hazaribagh, or her successor, in connection with Mandu (W.B.) P.S. Case No. 206 of 2013 corresponding to G.R. No. 1723 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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( H. C. Mishra, J.)

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R.Kr.

Ranjeet Kumar Singh v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Ranjeet Kumar Singh v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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