Dharamnath Sah @ Dharmnath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11461 of 2025 Arising Out of PS. Case No.-3058 Year-2013 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Dharamnath Sah @ Dharmnath Prasad S/O Hira Lal Sah @ Hira Sah R/O Garb Asthan Road, P.S- Nagar, Ditt.- Muzaffarpur, Bihar. 2.

Rita Devi W/O Dharamnath Sah @ Dharmnath Prasad R/O Garb Asthan Road, P.S- Nagar, Ditt.- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Danish Soni, Advocate Mr. Saket Anand, Advocate Ms. Chhaya Kirti, Advocate For the State :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2025 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a complaint case registered for the offence punishable under Sections 323, 504, 406 and 120B of the Indian Penal Code.

3. As per prosecution case, these petitioners took Rs. 3,50,000/- cash, 75.337 grams of gold and 716 grams of silver from the complainant and thereafter refused to pay for the same and thus, they duped and cheated the complainant.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.11461 of 2025(2) dt.21-03-2025 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, complainant and petitioners are jewelry shop owners and shop of petitioners is adjacent to the shop of the complainant and due to business rivalry, this false and concocted case has been lodged. There is no chit of paper on record to support the allegations. No reason has been assigned as to why these petitioners took the alleged cash and jewelry from the complainant. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Court No. 5, J.M. Ist Class, Muzaffarpur in connection with Complaint Case No.3058(C) of

Patna High Court CR. MISC. No.11461 of 2025(2) dt.21-03-2025 3/3 2013, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T