Allowed

Prabhat Kiran @ Sonu v. The State Of Bihar

Patna HC22 Jan 2016CR. MISC./1239/2016

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case involving a disputed land sale agreement and bounced cheques issued by his father. The court ordered release upon surrender within six weeks, subject to bail bond and sureties under Section 438 CrPC, rejecting the informant's claim of the petitioner's active role in the transaction.

What did the court decide?

Petitioner released on bail on surrender within six weeks, furnishing bond of Rs. 10,000 with two sureties of like amount.

Prabhat Kiran @ Sonu Vs The State Of Bihar — Contract and Commercial Disputes | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1239 of 2016

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Arising Out of PS.Case No. -324 Year- 2015 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Prabhat Kiran @ Sonu, Son of Triveni Prasad Verma Resident of Mohalla – Parao Pokhar Lane Amgola, P.S. Kazi Mohammadpur, District - Muzaffarpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Dr. Alok Kumar, Mr. Ranjit Kumar Thakur, Advocates For the State : Mr. Pranav Kumar, A.P.P. For the informant : Mr. Anish Kumar, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

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2 22-01-2016 Heard learned counsel for the petitioner, the State and the informant. The petitioner apprehends his arrest in a case filed under Sections 341, 323, 406, 420 and 506 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. Admittedly, there was agreement between the father of the petitioner and the informant for sale of the land. The agreement was allegedly breached by the father. The father returned the money through three cheques which bounced. Father of the petitioner is already in custody.

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It is contended that since the agreement was made

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Patna High Court Cr.Misc. No.1239 of 2016 (2) dt.22-01-2016

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by his father and cheques were also issued by his father which have bounced in connection with this case, no role can be assigned upon the petitioner.

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Learned counsel for the informant submits that the petitioner was friend of the informant and due to him the informant trusted his father, therefore, the role of the petitioner is there.

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Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Kazi Mahammadpur P.S. Case No.324/2015, the above named petitioner, Prabhat Kiran @ Sonu shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the C.J.M., Muzaffarpur subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

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(Dr. Ravi Ranjan, J)

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Sanjay-II/-

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U T

Prabhat Kiran @ Sonu v. The State Of Bihar

Case brief

What is this about?

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Prabhat Kiran @ Sonu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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