Rajesh Rai @ Pappu Rai @ Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34069 of 2024 Arising Out of PS. Case No.-156 Year-2020 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== 1.

Rajesh Rai @ Pappu Rai @ Rajesh Kumar Singh, S/O Late Jagdish Rai R/O Vill- Mathila, P.S- Koran Sarai, Distt.- Buxar. 2.

Sanjay Rai @ Sanjay Kumar Singh, S/O Late Jagdish Rai R/O Vill- Mathila, P.S- Koran Sarai, Distt.- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Dashrath Rai, S/O Sriram Prasad Rai R/O Vill- Bairian P.S- Koran Sarai, Distt.- Buxar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 406, 420, 504 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of one case and petitioner no.2 is a person with clean antecedent. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the informant has instituted the instant F.I.R. to recover his amount of Rs.One Lac, which he had given

Patna High Court CR. MISC. No.34069 of 2024(3) dt.26-07-2024 2/3 to the petitioners to clear the loan of the tractor, which the informant had purchased from the petitioners for Rs.1,51,000/-.

4. The learned counsel for the petitioners submits that the informant had purchased the tractor of the petitioners for an amount of Rs.1,51,000/- and thereafter alleges that petitioners asked for Rs. One Lac more for redeeming the loan amount on the condition that the same shall be returned, but the said amount was not returned. It is next submitted that the allegation is bereft of any merit as there is not documentary evidence to substantiate that informant paid anything more than Rs.1,51,000/-. It is also submitted that if informant is aggrieved by the fact that petitioners have not returned his money, in that event, he has remedy of approaching a Court of competent civil jurisdiction.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.34069 of 2024(3) dt.26-07-2024 3/3 amount each to the satisfaction of the learned J. M., 1st Class, Court No.5, Buxar in connection with Complaint Case No.156(c) of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T