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Patna High CourtCR. MISC./21023/2022allowed

Happy Rai @ Binit Kumar Rai v. The State Of Bihar

2022-09-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21023 of 2022 Arising Out of PS. Case No.-423 Year-2021 Thana- BHORE District- Gopalganj ====================================================== HAPPY RAI @ BINIT KUMAR RAI SON OF LATE BIRENDRA RAI Resident of Village - Banshi Bataraha, P.S.- Phulwaria, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420 and 506 of the Indian Penal Code.

It is a case of breach of trust by the petitioner in purchase of two trucks from the informant Tuntun Sah, that was purchased by the informant from Amit Kumar Jaiswal by giving Rs.6,50,000/- in the year 2019 and the rest amount will be paid in twenty months but due to the corona surge, the trucks were not plying, therefore, he sold both the trucks to the petitioner on payment of Rs.6,50,000/- and rest would be paid in installments but he ditched.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.21023 of 2022(2) dt.28-09-2022 2/2 that the petitioner has falsely been implicated in this case. He further submits that there is dispute of money transaction between both the parties in connection with sale of truck. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Bhore P.S. Case No. 423 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U