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Patna High CourtCR. MISC./36618/2024allowed

Kavindra Kumar v. The State Of Bihar

2024-06-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36618 of 2024 Arising Out of PS. Case No.-783 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== Kavindra Kumar S/O DILIP DAS R/O VILLAGE- GANGATI, P.S.- BANDAUAL, DIST- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 420, 120(B) of the IPC and 38 of N.I. Act.

3.

Allegation against the petitioner is that he introduced the informant to co-accused Rajeev Kumar Ojha for purchasing a piece of land. It is alleged that the informant paid Rs.45,00,000/- to Rajeev Kumar Ojha for purchase of land but he did not execute the sale deed in favour of the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.36618 of 2024(2) dt.26-06-2024 2/2 allegation leveled against the petitioner is not specific rather general and omnibus in nature. Only allegation against the petitioner is that he introduced the informant to the co-accused. Petitioner has not received any amount from the informant. It is further submitted that the petitioner has been granted benefit of section 41(A) of the Cr.P.C. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Shastrinagar P.S. Case No.783 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T