Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24749 of 2024 Arising Out of PS. Case No.-484 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Vikash Kumar son of Dilip Singh R/o- Koilwar W.no- 3 Ps- Koilwar DistBhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Malti Devi W/o Ajay Kumar Singh R/o vill - Koilwar, ward no. 3, P.S. - Koilwar, Distt - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Adv.

For the State :

Mr. Anil Kumar, APP For the O.P. No. 2 :

Mr. Krityanand Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the O.P. No. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code.

3. As per the prosecution case, the informant alleged that he had given Rs.6 lakh to the petitioner and when the informant demand the said money, the petitioner refused to return the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that it is purely civil dispute between the parties. No offence under Section 406/420 of IPC is made out even if the contents of the

Patna High Court CR. MISC. No.24749 of 2024(4) dt.18-09-2024 2/2 FIR is assumed to be true. He further submits that the Court below took cognizance under Section 406, 420/34 of the I.P.C. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned O.P. No. 2 opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that it is civil/money dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kiolwar P.S. Case No. 484 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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