Kunj Bihari Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Kunj Bihari Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Release on pre-arrest bail in the event of arrest or surrender before the Court below within four weeks from today, on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Patna, in connection with Complaint Case No. 2833 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether petitioner Kunj Bihari Singh is entitled to be released on pre-arrest bail in connection with Complaint Case No. 2833 of 2023, registered for offences punishable under Sections 406, 420 and 506 of the Indian Penal Code. +1 more

Court's answer

On account of that settlement, the petitioner is directed to be released on pre-arrest bail in the event of his arrest or surrender before the Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Patna, in connection with Complaint Case No. 2833 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Because the parties have settled their dispute on agreed terms and conditions, the court does not find that the petitioner should face the rigours of prosecution.

Detailed headnote1 paragraphs

Pre-arrest bail granted — Patna High Court, CR. MISC. No.84176 of 2023, oral order dated 19-03-2024 (Purnendu Singh, J.). Applicant: Kunj Bihari Singh, proprietor of Perfect Sales and Services, in connection with Complaint Case No. 2833 of 2023, Patna (PS Case No.-2833 Year-2023, Thana PATNA COMPLAINT CASE, District Patna), registered for offences punishable under Sections 406, 420 and 506 of the Indian Penal Code; the complaint alleged that the accused received full payment for a D.G. set and other machineries but failed to deliver them. Counsel for the petitioner and for complainant Gaurav Kumar (O.P. No. 2) jointly informed the court that the parties had settled the dispute amicably by handing over the machineries in terms of the agreement. On that basis the judge held that the petitioner should not face the rigours of prosecution and directed his release on pre-arrest bail in the event of arrest or surrender before the Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Patna, in connection with Complaint Case No. 2833 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84176 of 2023

Arising Out of PS. Case No.-2833 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna

======================================================

Kunj Bihari Singh Son of Late Vishnudev Singh Proprietor of Perfect Sales and Services having its Office at - Shop No.- 4-A, Helious Bhawan, Khetan Commerce House, Station Road, P.S.- Kotwali, District - Patna, Resident of mohalla - Ashok Nagar Road No.- 5B, Kankarbagh, P.S.- Kankarbagh, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

Gaurav Kumar Son of Sri Indradev Singh Proprietor of Indratara Engineering, Having its Officer at Murera, Macchrawan, P.S.- Fatuha, District - Patna, Resident of village - Murera, Macchrawan, P.S.- Fatuha, District - Patna.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajni Kant Singh, Advocate Mr. Jitendra Kumar, Advocate For the State : Mr.Yogendra Kumar Singh, APP For the O.P. No.2 : Mr. Ramakant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 19-03-2024

Heard Mr. Rajni Kant Singh along with Mr. Jitendra

Kumar, learned counsels appearing on behalf of the petitioner, Mr. Ramakant Singh, learned counsel for the O.P. No.2 and Mr. Yogendra Kumar Singh, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 2833 of 2023 registered for the offence(s) punishable under Sections 406,420 and 506 of the Indian Penal Code.

As per the allegation made in the complaint, the

Patna High Court CR. MISC. No.84176 of 2023(3) dt.19-03-2024 2/2

accused person had cheated the complainant by not delivering the D.G. set etc. even after receiving the full payment of the said machineries.

At the outset, learned counsel appearing on behalf of the petitioner and learned counsel for O.P. No.2 (Complainant) jointly inform that they have settled the dispute amicably by handing over the machineries in terms of the agreement.

Considering the fact that parties have settled their dispute on agreed terms and conditions, I do not find that petitioner should face the rigours of prosecution and, as such, the petitioner, above named, is directed to be released on prearrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Patna in connection with /Complaint Case No. 2833 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.)

Ashishsingh/- U T