Duryodhan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35039 of 2022 Arising Out of PS. Case No.-581 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== DURYODHAN PRASAD SON OF LATE PARAS PRASAD R/O VILLAGE- JAY NAGAR, LILA PATTI, WARD NO.-3, TOLA KHADDA, P.S.- NAUTAN, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38105 of 2022 Arising Out of PS. Case No.-581 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== PUNAM DEVI @ PUNAM KUMARI W/o Dharmendra Kumar R/o Mohalla New Bus Stand, Bettiah, P.S.- Bettiah Town, District - West Champaran. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35039 of 2022) For the Petitioner/s :

Mr. Digvijay Kumar Ojha For the Opposite Party/s :

Mr. Ram Naresh Ray Mr. Dhannanjay Kumar No.2 (In CRIMINAL MISCELLANEOUS No. 38105 of 2022) For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Parmanand Prasad Mr. Dhannanjay Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2022 Learned counsel for the petitioners filed a reply to the counter affidavit. Let the same be accepted and kept on record.. Learned counsel for the petitioners is directed to remove the defects within four weeks.

Patna High Court CR. MISC. No.35039 of 2022(3) dt.02-11-2022 2/3 The petitioners apprehend their arrest in a case registered for the offence punishable under section 419, 420, 406, 467, 468, 471, 120B, 34 of the Indian Penal Code.

Allegedly, the petitioners alongwith other co-accused cheated a sum of Rs. One crore and Fifty lakhs from the shop of the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. He further submits that there is a dispute regarding business between the petitioners and other coaccused persons. The entire business was being carried by coaccused Dharmendra Kumar and the petitioners have no concern with the informant or also with co-accused Dharmendra Kumar. Petitioners have no criminal antecedent.

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

Having regard to the facts and circumstances of the case, since there is a business transaction between the parties and there is no specific overt act against the petitioners, let the above

Patna High Court CR. MISC. No.35039 of 2022(3) dt.02-11-2022 3/3 named petitioner be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Bettiah (Town) P.S. Case No.581 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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