IN THE HIGH COURT OF JUDICATURE AT PATNA

(CRIMINAL MISCELLANEOUS JURISDICTION )

Cr. Misc. No / 2007 (A. Bail)
In the matter of an application u/s
438 of Cr.P.C.1973;
And
In the matter of
Murari Prasad son of Sheoshankar Prasad,
R / O Vill. Daudnagar, P.S. Daudnagar
Dist. Aurangabad………………… . Petitioner
V/S
The state of Bihar……………………………………………… Opp. Party
To,
The Hon’ble Dr. J.N.Bhatt, the Chief Justice of the High
Court of Judicature at Patna and his companion Justices of the said
Hon’ble Court.
The humble petition on behalf
of petitioner above named :
Most Respectfully Sheweth : -
1. That this application for grant of anticipatory bail to the petitioner who
apprehends his arrest in connection with complaint Case No 477( C ) / 2003
pending before learned S.D.J.M. Patna u/ss 406 of the I.P.C. is directed in
the following facts and circumstances of the case.
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2. That no such application by or on behalf of the petitioner has been

preferred before this Hon’ble court earlier either for grant of bail or
anticipatory bail.
3. That the prosecution case, in brief, is that the petitioner who is a
retail cloth merchant purchased some cloth from the complainant who
happens to be a wholesaler on credit and till date he failed to pay Rs 18,420/
which amount is still due on him.On the basis of his written complaint
Complaint Case No 477 ( C )/2003 u/s 406 of the I.P.C.was registered for
further enquiry and trial.
A photo / typed copy of C.C. of complaint case no
477/2003 is being annexed herewith and marked as
annexure 2 to this application.
4. That the learned magistrate took cognizance u/s 406 of I.P.C
5. That the petitioner is innocent and have falsely been implicated in this
case just because of greed and frustration of the complainant.
6. That in fact it was the late brother of the petitioner who was separate
in mess and business from the petitioner has bought some cloths from the
complainant and this fact bears testimony from the three bills submitted by
the complainant himself on which endorsement of one Arun is there who is
now dead and nowhere there is any endorsement of this petitioner.
Pphoto copies of the bills are annexed here with and
marked as annexure 2 to this application.
7. That in fact the petitioner run his own shop in the name and style of
Bombay Sasta Kapra and neither he has nor he had any concern with the
firm of his brother.
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8. That the petitioner is neither the beneficiary nor the heir of the firm of
his brother.
9. That the petitioner has been implicated in this case just because of the
fact that he too was known to the complainant and after the death of his
brother, this case was filed against this petitioner to get something out of
compromise as no businessman want to contest a case.
10. That the petitioner moved for grant of anticipatory bail before learned
Sessions Judge Patna vide ABP No 117 / 2006 which was rejected by order
dated 10-01-2006.
It is, therefore, prayed that your Lordships
may graciously be pleased to enlarge the
petitioner on anticipatory bail to the
satisfaction of learned S.D. J. M. Patna in
connection with complaint. Case No-477 (
C )2003
AND/OR
Pass such other order/orders which your:
Lordships may deem fit and proper in the
facts and circumstances of the case.
And for this the petitioners shall ever pray.
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A F F I D AV I T

I, Sheoshankar Prasad, aged about 60 years son of Late Gopal Prasad ,

resident of Village- Daudnagar, P.S. Daudnagar ,Distt.- Aurangabad

do hereby solemnly affirm and declare as follows:-

1. That I am father of the petitioner of this petition and

as such well acquainted with the facts and circumstances of the

case.

2. That the contents of this affidavit have been read over to me

and explained in simple Hindi which I have understood the same

and they are true to the best of my knowledge and belief.

3. That the annexure is photo / typed copy of its respective

original.

Deponent.
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CERTIFICATE

My Registered Clerk is not available, and the

person who has identified the deponent is known to me

and attached as a Registered Clerk with

Sri K.C. Choudhary , Advocate.

Advocate Clerk Name

Om Prakash Pandey

R.N,----466 / 2013

Advocate.