Ritu Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19138 of 2021 Arising Out of PS. Case No.-270 Year-2019 Thana- BAUNSI District- Banka ====================================================== RITU KUMAR PANDEY Son of Jay Krishna Pandey Resident of VillageNayagaon, P.S.- Bounsi, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bounsi P.S. Case no. 270 of 2019 instituted for the offence under Sections 406 and 420 of the Indian Penal Code. As per allegation in the FIR, informant and his relatives have given a sum of Rs. 10,00,000/- (Rs. ten lakh) to the petitioner in different account number for giving a job in Railways. On asking to return the said money, petitioner used to switch off his mobile with intention to ignore him.

Patna High Court CR. MISC. No.19138 of 2021(2) dt.15-12-2021 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. From perusal of the FIR, it is evident, that the case is brought by the informant after delay of two years without any explanation. This case is of civil nature. In fact, to meet the personal necessity, petitioner has taken money from the informant and the same is returned to the informant. In this regard, petitioner has annexed Annexure-2 to this petition, where informant has executed a bond in favour of petitioner and in that bond informant has admitted that now there is no any claim against the petitioner. Petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bounsi P.S. Case no. 270 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.19138 of 2021(2) dt.15-12-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U