Abhyanand Kumar Anand @ Pankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7407 of 2024 Arising Out of PS. Case No.-1275 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Abhyanand Kumar Anand @ Pankaj, S/O Bhola Prasad Yadav @ Bhola Yadav Village- Murarbigha, Ps. Warisaliganj, Dist. Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Braj Nandan Yadav, S/o Basudeo Yadav R/o Village-Ohari, P.S.-Nawada (Kadirganj), District-Nawada, State-Bihar.

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

For the Petitioner/s :

Mr. Raj Kishor Prasad- Advocate For the State :

Mr. Ram Priya Sharan Singh- A.P.P.

For the Complainant :

Mr. Hansraj ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

1. Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 406, 323 and 504 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and from bare perusal of the allegation as alleged in the complaint, it would manifest that the dispute is purely civil to which, a criminal colour has been given.

4. It is further submitted that if what has been alleged

Patna High Court CR. MISC. No.7407 of 2024(2) dt.01-03-2024 2/3 in the complaint is true, in that event, the complainant ought to have approached the Court of competent jurisdiction for recovering the amount, which he alleges to have given by way of loan to the petitioner for starting a business. It is further submitted that the petitioner disputes the allegation as alleged in the complaint, as such, it requires a trial. It is further submitted that criminal court should not be used as a tool for recovering money.

5. Learned A.P.P. along with learned counsel for the opposite party no.2 opposes the bail application of the petitioner, but are not in a position to rebut the submission of the learned counsel for the petitioner that in the event, if what has been alleged by the complainant is true, in that event, he has remedy before an appropriate forum and not before a criminal court.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada

Patna High Court CR. MISC. No.7407 of 2024(2) dt.01-03-2024 3/3 in connection with Complaint Case No.1275 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T