Bihari @ Bihari Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14688 of 2025 Arising Out of PS. Case No.-211 Year-2015 Thana- KATIHAR NAGAR District- Katihar ====================================================== Bihari @ Bihari Babu S/o- Late-Samrad Basfor @ Samrath Basfor R/o villLarkaniya Tola, P.O.- Katihar P.S.- Nagar Katihar, Distt.- Katihar, presently posted of DRM Building Railway staff (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mukesh Kumar S/O Kishan Lal Sah R/O Larkaniya Tola, P.O.- Katihar, P.S.- Nagar Katihar, Dist.- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Katihar Nagar P.S. Case No. 211 of 2015, instituted under Sections 406, 420 of the Indian Penal Code.

3. As per the prosecution case, petitioner had taken Rs. 1,15,000/- from the informant, who is his friend, on the pretext of getting job in the Railway Department and assured him that if job is not provided he would return the entire money but neither the informant got job nor petitioner is returning the said amount to him.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.14688 of 2025(2) dt.02-04-2025 2/2 petitioner is innocent and has falsely been implicated in this case. Petitioner is IVth grade Railway staff. He had taken friendly loan from the informant and he returned the same but with malafide the informant has filed this case. Petitioner has no criminal antecedent. Investigation has already been completed and charge-sheet has already been filed and the learned Trial Court has taken cognizance of the offence against the petitioner. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Katihar in connection with Katihar Nagar P.S. Case No. 211 of 2015, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) rakhi/- U T