Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14434 of 2025 Arising Out of PS. Case No.-769 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Neeraj Kumar S/o Shatrudhan Ojha Resident of village- Gopi Dhanwat, P.S.- Saraiya, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-03-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Saraiya P.S. Case no. 769 of 2023, registered under sections 379 and 420 of the Indian Penal Code.

3. As per the prosecution case, the informant states that an agreement was entered into between the company and the petitioner pursuant to which the petitioner was supplied with 1800 chicks and 117 bags of poultry feed, total value of which comes to Rs.3,03,300/-. As per the agreement, on the chicks growing up into chicken, the same had to be sold to the representative of the company, however as per the allegation, the petitioner sold it elsewhere.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14434 of 2025(2) dt.28-03-2025 2/2 petitioner has been falsely implicated in the case. Besides there being inordinate delay in lodging of the FIR, it is submitted that the dispute on the face of it relates to commercial transaction between the parties, which is civil in nature and for which the informant has an alternate remedy. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R, the nature of allegation and especially the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Saraiya P.S. Case no. 769 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-IV, Muzaffarpur. (Partha Sarthy, J) Shiv/- U T