Vijay Kumar Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24916 of 2022 Arising Out of PS. Case No.-594 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== VIJAY KUMAR NAYAK SON OF HARI NARAYAN NAYAK R/O VILLAGE- LAHERIYAGANJ, P.S.- MADHUBANI TOWN, DISTRICTMADHUBANI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

AHAMADULLAH SON OF JAHIRUL HAQUE R/O VILLAGEHUSSAINPUR, WARD NO.-2, P.S.- RAHIKA, DISTRICT- MADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Ravi Prakash For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 323, 406, 420, 467, 468, 476, 504, 508/34 of the Indian Penal Code. As per complaint, this petitioner, in the name of providing loan of Rupees one crore to the complainant/O.P.2, took signature of complainant on blank paper, photocopy of PAN and AADHAR Card and also cash of Rs. One lac, but he did not provide loan. It is further alleged by the complainant that this petitioner also committed theft of his three blank cheques. Petitioner denies the allegation and submits that he has been falsely implicated in this case due to old enmity. As a

Patna High Court CR. MISC. No.24916 of 2022(2) dt.12-09-2022 2/2 matter of fact, complainant had borrowed Rs. Forty lacs from the petitioner for construction of hospital with assurance to return this amount in two years and when after expiry of said period, petitioner demanded his money from the complainant, he filed this false and concocted case against this petitioner. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Madhubani in connection with C.R. Case No. 594 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T