Anticipatory bail applications by two petitioners in a cheating and criminal breach of trust case. Petitioners paid Rs.20 lakh via banker's cheque and demand draft to the informant, who undertook to withdraw the case and raised no objection. The Court granted anticipatory bail with conditions under Section 438(2) Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45436 of 2024
Arising Out of PS. Case No.-393 Year-2023 Thana- MANSI District- Khagaria
====================================================== Arvind Kumar Yadav S/O Late Dineshwar Prasad R/O Village-Balaha,P.O.Narayanpur,P.S.-Bhawanipur, Distt-Khagaria. ... ... Petitioner/s Versus
The State of Bihar. ... ... Opposite Party/s ======================================================
WITH
CRIMINAL MISCELLANEOUS No. 55906 of 2024
Arising Out of PS. Case No.-393 Year-2023 Thana- MANSI District- Khagaria
====================================================== Suresh Paswan S/o Late Gajadhar Paswan R/o vill - Parmanandpur, P.S. - Muffasil, Distt. - Khagaria. ... ... Petitioner/s
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 45436 of 2024) For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP For the Informant : Mr. Shivendra Kumar Sinha, Advocate Mr. Ranjeet Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 55906 of 2024) For the Petitioner/s : Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP For the Informant : Mr. Shivendra Kumar Sinha, Advocate Mr. Ranjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Patna High Court CR. MISC. No.45436 of 2024(7) dt.12-12-2024 2/2
both in favour of Anil Kumar, which has been duly received by learned counsel for the informant in Court. As per the undertaking given by the informant in the supplementary counter affidavit, he will withdraw the case lodged against these petitioners. This Court expects that the informant shall abide the undertaking.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
1 issue framed by the court
Should petitioners apprehending arrest in a cheating/criminal breach of trust case be released on anticipatory bail after payment to the complainant?
2 provisions across 2 enactments
Arvind Kumar Yadav S/O Late Dineshwar Prasad
Suresh Paswan S/o Late Gajadhar Paswan
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
