Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30628 of 2024 Arising Out of PS. Case No.-1811 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Anand Kumar Son of Late Surendra Prasad Singh Resident of Ashok Nagar, Road No. 14B, P.S.- Kankarbagh, Dist.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santosh Kumar Son of Sudama Prasad Singh Resident of N30, Professor Colony, P.S.- Kankarbagh, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Bhardwaj, Adv.

For the State :

Mr. Syed Ehteshamuddin, APP For the O.P. No. 2 :

Mr. Ajit Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 120B, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have embezzled huge money of the complainant giving false assurance to execute the sale deed of alleged land, but despite repeated requests made by the complainant sale deed was not executed by the accused.

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 the petitioner is ready to return Rs.12 lakh which was given by

Patna High Court CR. MISC. No.30628 of 2024(6) dt.02-12-2024 2/2 the complainant through R.T.G.S., but the learned counsel for the complainant submits that the petitioner has received Rs.85 lakh from the complainant, therefore, he is not ready to accept the said amount. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the complainant 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 Complaint Case No. 1811(C) 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