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Patna High CourtCR. MISC./4512/2023allowed

Rambali Kumar v. The State Of Bihar

2024-01-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4512 of 2023 Arising Out of PS. Case No.-501 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== RAMBALI KUMAR Son of Late Lakhan Prasad Resident of Village - Mahsai, P.S.- Rajauli, District - Nawada (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Prince Raj Son of Ram Naresh Prasad R/o Village - Ram Nagar, Radhey Kunj Bhawan, P.S.- Jakkanpur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Digvijay Kumar Ojha For the Opposite Party/s :

Mr. Binod Kumar Mr. Sumeet Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420, 504 and 506 of the Indian Penal Code.

3. Allegedly, the petitioner took money from the informant for the purpose of business and later on has not worked as per the partnership deed. It is also alleged that when the informant demanded his money back, the petitioner refused to pay and abused him.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that for

Patna High Court CR. MISC. No.4512 of 2023(7) dt.15-01-2024 2/2 the same offence the informant has filed two a complaint case bearing No.3698 of 2021 and another complaint case bearing no,9345 of 2022. He further submits that at best, this is a case of money dispute between the parties. Petitioner has criminal antecedent, which is also mentioned in para-3 of the bail application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as it is a case of money dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jakkanpur P.S. Case No.501 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T