Samichin Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27076 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- DAGARUA District- Purnia ====================================================== 1.
SAMICHIN KUMAR DAS S/O SATYANARAYAN BHAGAT R/O VILLAGE- MAHYAUR, P.S- DAGARUWA, DISTT.- PURNIA. 2.
SATYANARAYAN BHAGAT S/O LATE LAXMAN BHAGAT R/O VILLAGE- MAHYAUR, P.S- DAGARUWA, DISTT.- PURNIA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the State :
Mr.Jharkhandi Upadhyay For the informasnt :
Mr. Ajit Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Dagarua Police Station Case No. 07 of 2024, dated 05.01.2024, registered for the offences punishable under Sections 406/420/504/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the informant has given Rs. 9,50,000/- to the petitioner no. 1, who is the friend of his son, on four different dates and when he demanded his money back, the petitioners abused him and threatened him to implicate him in false case. It has been stated in the First
Patna High Court CR. MISC. No.27076 of 2024(3) dt.18-09-2024 2/3 Information Report that out of total amount of Rs. 9,50,000/-, Rs. 95,000/- was given in the account of petitioner no 1 by cheque and rest amount of Rs. 8,55,000/- was given to the petitioner no.1 in cash.
4. Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case. He further submits that without prejudice to the right and contention of the petitioners, the petitioners are ready to deposit the amount of Rs. 95,000/-, before the learned Court below subject to the final outcome of the present case.
5. After having heard learned Counsel for the parties and taking into consideration the materials on record and the undertaking given by learned Counsel for the petitioners, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea,
Patna High Court CR. MISC. No.27076 of 2024(3) dt.18-09-2024 3/3 in connection with Dagarua Police Station Case No. 07 of 2024, subject to the condition that the petitioners shall deposit a sum of Rs. 95,000/- in the Court below at the time of furnishing their bail bonds.
7. The amount so deposited shall be kept in interest bearing instrument by the concerned Court. The amount deposited by the petitioners shall be dependent upon the final outcome of the case.
8. This application is disposed with the aforesaid observation and direction.
(Anil Kumar Sinha, J;) Prabhakar Anand/- U √ T √