Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28890 of 2024 Arising Out of PS. Case No.-743 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Nitish Kumar S/o- Prakash Singh R/o Vill- SanhauliR/o Prakash Apartment, Sanhauli, P.S.- Muffasil, Dist- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh For the Informant :

Mr. Anuj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard the parties.

2.

The petitioner apprehend his arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No.743 of 2023 registered for the offence punishable under Sections 420, 406, 34 of the Indian Penal Code.

3.

The allegation against the petitioner is that he took Rs. 26 lakhs from the informant by committing fraud. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. He further submitted that the petitioner had earlier filed a case against the informant

Patna High Court CR. MISC. No.28890 of 2024(2) dt.03-07-2024 2/2 thereafter the present case has been filed by the informant. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Learned counsel for the informant submitted that the case filed by the petitioner has been found to be false by the police. 6.

Having regard to the facts and circumstances of the case as there is direct allegation against the petitioner to cheat the informant, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

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