Raj Kumar Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22777 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- ITARHI District- Buxar ====================================================== RAJ KUMAR RAWANI Son of Hari Kishun Rawani Resident of villageBasudhav, Police Station-Itarhi, District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in connection with Itarhi P.S. Case No. 05 of 2023, registered for the offence punishable under Sections 419,420 and 406 of the Indian Penal Code.

It is submitted that the petitioner had taken a loan for carrying on some business on the basis of a mortgage. The petitioner has not honoured the loan to its full and has also not honoured the mortgage.

Learned counsel for the petitioner submits that the allegations essentially make out a civil dispute between the parties. It is nothing more than an issue of accounting based on dealing between the informant and the instant petitioner, who

Patna High Court CR. MISC. No.22777 of 2023(2) dt.24-06-2023 2/3 is a shopkeeper which is apparent from the FIR itself. The prosecution is intended to mala fide and coercive in nature. Learned APP for the State has opposed the prayer for pre-arrest bail.

Considering the rival submissions, nature of allegation, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed.

Accordingly, 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 bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J M Ist Class Court No. 14, Buxar, in connection with Itarhi P.S. Case No. 05 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the

Patna High Court CR. MISC. No.22777 of 2023(2) dt.24-06-2023 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T