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Patna High CourtCR. MISC./37117/2023allowed

Varun Tripathi @ Ritesh Tripathi @ Varun Kumar Tripathi v. The State Of Bihar

2023-10-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37117 of 2023 Arising Out of PS. Case No.-255 Year-2019 Thana- PATAHI District- East Champaran ====================================================== 1.

VARUN TRIPATHI @ RITESH TRIPATHI @ VARUN KUMAR TRIPATHI Son of Late Kapildeo Tripathi Resident of village - Ghorasadan Sripur Main Road, P.S.- Patahi, District - East Champaran, Motihari. 2.

Raja @ Rama Shankar Tripathi @ Raja Kumar Son of Late Kapildeo Tripathi Resident of village - Ghorasadan Sripur Main Road, P.S.- Patahi, District - East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bipin Chandra For the Opposite Party/s :

Mr. Jitendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their 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, it is alleged that the petitioners have taken loan from the father of the informant and after the death of the informant's father they have not returned the loan amount.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.37117 of 2023(3) dt.30-10-2023 2/2 specific rather general and omnibus in nature. He submits that the petitioners and the informant are cousin. He further submits that the mother and sister of the petitioners have filed Partition Suit No. 202 of 2018 against the informant and his family members. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is civil dispute between the parties, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Patahi P.S. Case No.255 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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