Kamta Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18995 of 2023 Arising Out of PS. Case No.-244 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Kamta Sao Son Of Late Sita Sao Village- Uchhkundha Ps- Daudnagar DistAurangabad 2.

Ravi Ranjan Sao Son Of Late Sita Sao Village- Uchhkundha Ps- Daudnagar Dist- Aurangabad 3.

Hazari Yadav Son Of Late Bipat Yadav @ Bipat Singh Village- Uchhkundha Ps- Daudnagar Dist- Aurangabad 4.

Sudama Yadav Son Of Hazari Yadav Village- Uchhkundha Ps- Daudnagar Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan For the Informant Mr. Damodar Pd. Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 420, 406 and 34 of the Indian Penal Code.

It is case of the prosecution that the informant and the accused Kamta Sao and Raviranjan Sao are known to each other and on such acquaintance the accused persons approached the informant for hand loan. Considering their request, the informant has paid Rs. 1,00,000/- and Rs. 50,000/- and on receipt of said amount the accused persons have assured to

Patna High Court CR. MISC. No.18995 of 2023(3) dt.03-07-2023 2/2 repay the same. But they have not kept up their promise. On repeated demand and request, they did not pay the amount to the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that nothing has happened as alleged by the informant. Sections imposed upon the petitioners are not attracted. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.

Considering the facts and circumstances of the case and the fact that the petitioners are not ready to return the aforesaid amount, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Daudnagar P.S. Case No. 244 of 2022.

(Anjani Kumar Sharan, J) devendra/- U T