Shantam Kumar Khemka @ Shantam Khemka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10313 of 2025 Arising Out of PS. Case No.-363 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Shantam Kumar Khemka @ Shantam Khemka Son of Sajan Kumar Khemka Resident of D/4, Singheshwar Apartment, Budha Colony, Boring Canal Road, P.S.- Budha Colony, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Adv.
Mr.Kumar Rajdeep Ms. Diksha Kumari For the Opposite Party/s :
Mr.Sharda Kumari Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Shastri Nagar P.S. Case No. 363 of 2024 registered for the offence under Sections 406, 420 of the Indian Penal Code corresponding to Section 316(2), 318(4) of the BNS.
3. As per the prosecution case, the informant went to the shop of the petitioner for exchanging gold ornaments. After some time, it was found that the ornaments were not of gold but of brass and therefore the same was not exchanged.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.10313 of 2025(2) dt.28-03-2025 2/2 the petitioner that when it was discovered that the ornaments given by the informant was of brass the same was returned to him and after a delay of 15 days, this FIR has been registered.
5. Considering the facts of this case and the nature of allegation, this application is allowed.
6. Let the petitioner, above named, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IX, Patna/concerned Court below in connection with Shastri Nagar P.S. Case No. 363 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J) Vikas/- U