Amish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16657 of 2024 Arising Out of PS. Case No.-317 Year-2023 Thana- BAUNSI District- Banka ====================================================== AMISH KUMAR S/O- RAJ KUMAR CHOUDHARY R/O- VILLAGEKAIRI, P.S.- BOUNSI, DIST.- BANKA. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR, PATNA 2.
Kunj Bihari Jha Son of Late Parsuram Jha Resident of Village- Bhikanpur, P.S.- Bausi, Distt- Banka.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar , APP for the complainant :
Mr. sunil Kumar , Advocate Mr. Gun Sagar Mahto, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323 , 420, 406, 467, 468 , 504 and 506 of the IPC .
3. As per the prosecution case , petitioner took Rs. 2 lakh in cash and Rs. 75,000/- through mobile Pay Phone from the informant in lieu of providing job in Micro Finance company . It is further alleged that the petitioner neither provided the job nor returned the aforesaid amount.
4. Learned counsel for the petitioner submits that as a matter of fact there was money dispute between the petitioner
Patna High Court CR. MISC. No.16657 of 2024(5) dt.12-07-2024 2/2 and the informant. Petitioner has given Rs. 2 lakh to the informant in cash out of which Rs. 75,000/- was returned by mobile Pay Phone and taking advantage of the situation , this false and concocted case has been lodged against this petitioner. In this connection petitioner has also filed a Complaint Case No. 2039 of 2023 against the informant.
5 . However, learned counsel for the State as well as opposite party No. 2 opposed the prayer for bail ans submitted that petitioner is named in the F.I.R., and there is specific allegation against the petitioner that this petitioner in lieu of providing job in Micro Finance Company took Rs. 2 lakh in cash and Rs. 75,000/- through mobile Phone pay and thereafter neither provided job nor returned the money .
6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T