Jai Narayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13826 of 2023 Arising Out of PS. Case No.-1210 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== JAI NARAYAN RAI S/O Shivchandra Rai R/O Village- Neori, P.S- Runni Saidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mrs. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 379 of the Indian Penal Code.

The prosecution case, in short, is that the informant came to know that Rs.40,000/- has been transferred from his account to another account. On enquiry, the bank Officer informed him that his money has been transferred to the account of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.13826 of 2023(4) dt.11-07-2023 2/3 omnibus in nature. The petitioner and the informant had business of bee keeping and both worked jointly, but due to irregular and erroneous accounting a hot talk took place between them and taking advantage of that, the informant lodged this case against the petitioner. Petitioner has no criminal antecedent.

Petitioner is ready to pay Rs.40,000/- to the informant in two installments within two months. The first installment will be paid within six weeks from the date of this order and the rest amount will be paid thereafter.

Learned APP for the State opposed the prayer for anticipatory bail and submits that Rs.40,000/- has been transferred from the account of the informant to the account of petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional 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 Ahiyapur P.S. Case

Patna High Court CR. MISC. No.13826 of 2023(4) dt.11-07-2023 3/3 No.1210 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The learned Court below shall confirm the provisional bail of the petitioner after satisfying that the petitioner has paid the entire amount of Rs.40,000/- to the informant. (Anjani Kumar Sharan, J) shikha/- U T