Budhinath Prasad @ Budhu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30894 of 2023 Arising Out of PS. Case No.-1839 Year-2012 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Budhinath Prasad @ Budhu Sah Son Of Late Sobhit Sah R/O Village- Harine, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bipin Kumar Mishra Son Of Late Jagarnath Mishra R/O Village- Harine, P.S.- Harlakhi, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420, 379, 323 of the Indian Penal Code.
3. Allegation against the petitioner is that he took Rs. 4 lacs from the informant for delivering the bricks but he never delivered the brick nor returned the said amount.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the present case is the civil nature dispute and petitioner had already delivered the bricks to the informant.
Patna High Court CR. MISC. No.30894 of 2023(5) dt.17-10-2023 2/2 He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and learned counsel for the complainant oppose the prayer for bail.
6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Complaint Case No. 1839 of 2022.
7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T