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Patna High CourtCR. MISC./16553/2024allowed

Rohit Kumar @ Rohit Kumar Singh v. The State Of Bihar

2024-11-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16553 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== Rohit Kumar @ Rohit Kumar Singh S/o- Bablu Singh R/o- Sardar Tola Gulabbagh Ps- Purnea Sadar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 34 of the Indian Penal Code.

3. As per the F.I.R., the informant alleged that the petitioner regularly came to purchase maize to his village by vehicle bearing registration no. BR 11 BA 0472 so he became familiar to informant. On 20.04.2023, petitioner purchased maize worth rupees 16 Lakhs from him and other villagers loaded on truck and went off. He promised to pay on next day but he did not pay the said amount.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no document to show that petitioner purchased maize to

Patna High Court CR. MISC. No.16553 of 2024(6) dt.13-11-2024 2/2 informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned counsel for the State and learned counsel for the informant vehemently opposes the prayer for bail of the petitioner.

6. Considering the fact that petitioner has taken maize worth of Rs. 16 Lakhs to informant but he did not pay the amount and after considering the argument and on perusal of the record, it is made clear that it is a business transaction between the parties/civil dispute incident, let the above named petitioner, be released on bail, in the event of his 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 Kursakanta (Sonamani Godam O.P.) P.S. Case No. 233 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T