Allowed

Nandlal Prasad Alias Nandu Prasad v. The State Of Jharkhand

Jharkhand HC14 Sept 2015A.B.A./1372/2015

Case brief

AI extract

What is this about?

In a petition for anticipatory bail under Section 438 CrPC, the High Court observed the underlying dispute was largely civil in nature with a small outstanding amount. The court directed the petitioner to surrender for regular bail within three weeks on furnishing a bond with sureties.

What did the court decide?

Responded directed to surrender for regular bail within three weeks; anticipatory bail granted subject to furnishing bond and sureties.

Nandlal Prasad Alias Nandu Prasad Vs The State Of… — Cheating and Forgery | Jharkhand HC (2015)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B.A. No. 1372 of 2015

¶3

Nandlal Prasad @ Nandu Prasad, S/o late Raghunath Prasad, Resident of village-Purnanagar, P.O. P.S. & District-Koderma.

¶4

…….. Petitioner

¶5

Versus

¶6

The State of Jharkhand.

¶7

Digambar Yadav, Son of late Fagu Mahto, Resident of Vill- & P.O. Chandrodih, P.S. & District-Koderma.

¶8

… Opposite Parties

¶9

Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

¶10

For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Mr. Nehra Mahto, APP For O.P. No. 2 : None

¶11

04/14.09.2015 Heard the parties.

¶12

The petitioner apprehends his arrest in connection with Complaint Case No. 475/2014, registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code.

¶13

It has been submitted by the learned counsel for the petitioner that the allegation with respect to non payment of the amount towards purchase of land to the complainant is falsified by the fact that out of Rs.86,000/-, admittedly Rs.46,000/- has been received by the complainant and subsequently in terms of an agreement dated 5.7.2012, in which both the complainant as well as the petitioner were signatories, the petitioner has undertaken to pay rest Rs.40,000/- to the complainant.

¶14

It has further been submitted that on 26.07.2012, the petitioner has made payment of Rs.36,000/- to the complainant and thereby Rs.10,000/- is left to be paid.

¶15

It has also been submitted that apparently this is a case of civil dispute.

¶16

Learned APP opposes the prayer for anticipatory bail.

¶17

The entire allegation which has been made in the complaint petition seems to point towards a civil dispute as the petitioner has not paid certain amount with respect to transaction of the land of the complainant. However, as has been submitted by the learned counsel for the petitioner that only Rs.10,000/- is left to be paid.

¶18

-2-

¶19

Considering the aforesaid fact, the petitioner, named above, is directed to surrender in the court below within a period of three weeks from today and pray for regular bail, and in that event, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M, Koderma, in connection with Complaint Case No. 475/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶20

( Rongon Mukhopadhyay, J)

¶21

Rakesh/

Nandlal Prasad Alias Nandu Prasad v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Nandlal Prasad Alias Nandu Prasad v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lila Soren Vs The State Of Jharkhand

Bhola Mahto Vs The State Of Jharkhand

Gautam Kumar Ghosal Vs The State Of Jharkhand And Anr.

Manoj Gupta Vs The State Of Jharkhand

Ajay Kumar Singh Vs The State Of Jharkhand Through Cbi

Ranjeet Agarwal Vs The State Of Jharkhand