Raja Sah @ Saurabha Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14767 of 2023 Arising Out of PS. Case No.-596 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== RAJA SAH @ SAURABHA KUMAR SON OF ATUL SAH @ MITHILESH KUMA SAH R/O VILLAGE- BHAWANIPUR, P.S.- BHAWANIPUR, DISTRICT- PURNIA PERMANENT R/O VILLAGE- TELIYARI PO- JABE, P.S.- BHAWANIPUR, DISTRICT- PURNIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Purnia (Sadar) PS case no. 596 of 2022, registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner having purchased maize from the informant and others, however, subsequently they refused to pay the price for the same.

The learned counsel for the petitioner submits that petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned

Patna High Court CR. MISC. No.14767 of 2023(2) dt.24-05-2023 2/3 counsel for the petitioner has further submitted that there is no evidence on record to show that any maize was sold by the informant and others, hence, no offence as alleged is made out.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that there is no whisper in the FIR either about any agreement having been entered into in between the parties with regard to sale/ purchase of maize in question or any bill having been raised, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Purnia in connection with Purnia

Patna High Court CR. MISC. No.14767 of 2023(2) dt.24-05-2023 3/3 (Sadar) PS case no. 596 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T