Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18613 of 2024 Arising Out of PS. Case No.-1141 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sanjeet Kumar S/o Late Manik Chaudhary R/o vill - Ramjeechak Digha, Bataganj, P.S. - Digha, Distt. - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Om Prakash S/o Late Laljee Prasad R/o vill - Ramjeechak Digha, Bataganj, P.S. - Digha, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramhansh Kumar Puri, Adv.

For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP Mr. Ram Naresh Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2024 Earlier, the matter was referred to Mediation Centre, but the dispute between the parties could not be settled through the process of mediation and as such, mediation failed (report at flag 'A').

2. Heard learned counsels for the parties.

3. The petitioner apprehends his arrest in connection with Complaint Case No. 1141C of 2022 for the offences punishable under Section 406 of the Indian Penal Code.

4. As per complaint case, petitioner borrowed Rs. 7 Lakhs

Patna High Court CR. MISC. No.18613 of 2024(4) dt.02-09-2024 2/3 from the complainant with promise to return the same within four months. The complainant gave Rs. 7 Lakhs to the petitioner, and when complainant after four months demanded his money from the petitioner, then petitioner refused to return the same.

5. Learned counsel appearing on behalf of the petitioner submits that entire complaint case is false and fabricated. Further submission is that petitioner has already returned the alleged amount in cash to the complainant. Moreover, the dispute between the parties is purely civil in nature. Complainant has got alternative remedy before the court below. Petitioner claims clean antecedent.

6. Learned counsel appearing on behalf of the opposite party no. 2 vehemently opposed the prayer for bail.

7. Considering the accusation and the fact that dispute between the parties is purely civil in nature, let the petitioner, named above, be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Danapur, Patna in connection with Complaint Case No. 1141C of 2022, subject

Patna High Court CR. MISC. No.18613 of 2024(4) dt.02-09-2024 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T