Ashok Kumar @ Ashok Kumar Pal v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3903 of 2019 Arising Out of PS. Case No.-414 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ashok Kumar @ Ashok Kumar Pal S/o Gopal Bhagat, Resident of Ashok Nagar Road No. 11 , PS- Kankarbagh, Distt- Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Mithilesh Kumar Singh S/o Kailash Pd. Singh, resident of Bahadurpur, Housing Colony, 7MF Block-3, Flat No.-16, Bhootnath Road, P.S.- Agamkuan, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the State :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 420 of the Indian Penal Code. Allegation is that the accused persons including the petitioner defalcated huge amount of the complainant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The complainant was involved in money lending and for the said purpose he was using the account of the petitioner. The

Patna High Court Cr.Misc. No.3903 of 2019(2) dt.29-01-2019 2/2 petitioner being a poor person, for petty amounts he permitted the complainant to use his personal account. A money suit has also been filed before the Sub Judge, Patna bearing Money Suit No.68 of 2017. The matter relates to civil dispute. Hence, no criminal offence is made out.

On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Patna City in connection with Complaint case No.414 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T