Arvind Kumar @ Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32793 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Arvind Kumar @ Arbind Kumar Son of Nunu Sharma Resident of VillageCheshi, P.S- Naubatpur , Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajesh Kumar Son of Pramod Kumar Verma Resident of VillageKhajahapur P.S- Cheriya Bariyarpur ,Dist- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP Mr. Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-05-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 136(C) of 2023 registered under Sections 341, 342, 323, 379, 504, 420 and 120B of the Indian Penal Code.

3. It is alleged that petitioner along with other accused persons on the pretext of providing job in Anganbadi took Rs. 3 lacs from the complainant. After sometime, complainant gave Rs. 2 lacs more to co-accused Rajesh Yadav. However, the accused persons did not provide the job and refused to return the

Patna High Court CR. MISC. No.32793 of 2024(2) dt.22-05-2024 2/3 money. It is also alleged that the accused persons assaulted the complainant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that from perusal of the complaint case, it is apparent that the entire money was paid to other co-accused persons, not a single penny was paid to the petitioner. There is no chit of paper on record to support the allegation. Moreover, the contract itself was unlawful. The informant himself parted with the amount to secure government job through illegal means, as such, it cannot be allowed to us that he has been cheated. Petitioner claims clean antecedent.

5. Learned counsel for the complainant/opposite party no. 2 opposes the prayer for bail.

6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Manjhaul, Begusarai in connection with

Patna High Court CR. MISC. No.32793 of 2024(2) dt.22-05-2024 3/3 Complaint Case No. 136(C) of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T