Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19668 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Sunil Kumar Son of Late Ram Lakhan Prasad Resident of Village - Shivpuri Talabpar, P.s.- Laheri, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laheri P.S. Case no. 66 of 2022 instituted for the offence under Sections 406, 420, 504, 506/34 of the Indian Penal Code. As per allegation in the FIR, when the informant and her husband was in their house, the petitioner who is owner of Maa Mangla Traders, came and requested to give 17,50,000/- as a loan for purpose of business to which he has transferred in his account. It is further alleged that after sometime the petitioner issued two cheques but the same was bounced and after requesting for said amount by the informant's husband, the petitioner refused to give money and started abusing to the
Patna High Court CR. MISC. No.19668 of 2022(6) dt.24-11-2022 2/3 informant and her husband.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that informant's husband transferred an amount of Rs. 10,00,000/- to the account of coaccused Bhupenra Kumar Bhupati for dealing of Real Estate Business and the petitioner has no concern with said co-accused and due to bad intention, the informant implicated the petitioner in this case. It is further submitted that petitioner has returned Rs. 4,80,000/- on 21.08.2021 and further supplied rice to the informant's husband on 2.12.2021 of Rs. 68,250/-(Invoice No.5), on 2.12.2021 of Rs. 68,250/- (Invoice No.6), on 3.12.2021 of Rs. 68,250/- (Invoice No.7) on 3.12.2021 of Rs. 66,150/- (Invoice No.8) total Rs. 2,70,900/- total Rs. 7,50,900 has been paid to the informant's husband. There is no any due amount from the informant to the petitioner. This is purely a civil dispute.
Learned APP appearing for the state has opposed the prayer of anticipatory 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
Patna High Court CR. MISC. No.19668 of 2022(6) dt.24-11-2022 3/3 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 Laheri P.S. Case no. 66 of 2022, 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 satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Sushma/shivani/ U T