Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33740 of 2023 Arising Out of PS. Case No.-527 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== SANJAY KUMAR son of Mungeshwar Ram Village- Tehta Math, PsMakhdumpur Tehta OP Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranvijay Narain Singh For the Opposite Party/s :

Mr. Umesh Lal Verma :

Mr. Umesh Lal Verma :

Mr. Nitya Nand Neeraj :

Ms. Kumari Anjani Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 406 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, the informant provided Rs.7,00,000/- to the petitioner on 05.06.2019. When the informant demanded his money, the petitioner is said to have abused and assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner and informant are the full brothers. He submits that the informant along with Simpu Kumar has expresses land of the petitioner for construction of residential house for which the informant, namely, Sintu Kumar

Patna High Court CR. MISC. No.33740 of 2023(3) dt.24-07-2023 2/2 has transferred total sum of Rs.2,06,000/- to the petitioner and Simpu Kumar has not paid any amount to the petitioner. He further submits that there is civil dispute between the parties. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the informant opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is civil dispute between the parties, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Makhdumpur (Tehta O.P.) P.S. Case No.527/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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