Dhanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26281 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- RAJPUR District- Rohtas ====================================================== DHANJAY KUMAR S/O RAM NARAYAN SINGH RESIDENT OF VILLAGE BIKRAM BIGHA, P.S NASRIGANJ, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. AAP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajpur P.S. Case no. 4 of 2021 instituted for the offence under Sections 406 and 420 of the Indian Penal Code. As per allegation in the FIR, the informant and the petitioner entered into an agreement for purchase of share in Asansol Unicom of Technology and informant issued a cheque

Patna High Court CR. MISC. No.26281 of 2021(2) dt.28-01-2022 2/3 amounting to Rs. 1,25,000 and delivered Rs. 50,000/- in cash to the petitioner to invest with an agreement to share 35% of the total billing amount. Informant had total share of Rs. Eight lakh in business as per the billing amount and he demanded his share from the petitioner but delaying tactics was played and he was also threatened with dire consequences.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Petitioner is simply an employee of the alleged company. The matter relates to breach of agreement and it is purely a civil dispute. This case is also not maintainable as the owner of the alleged company has not been made accused. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rajpur P.S. Case no. 4 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.26281 of 2021(2) dt.28-01-2022 3/3 satisfaction of learned ACJM-I, Bikramganj subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T