Dr. Vibhuti Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40115 of 2024 Arising Out of PS. Case No.-490 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dr. Vibhuti Bhushan S/O Vishundeo Jha Resident Of Mohalla Dumarikhal, Police Line, Near Tv Tower, Katihar, Police Station Katihar, Dist- Katihar ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Anil Kumar Singh S/O Late Dhiraj Narayan Singh Director, Dhiraj Harbal Private Limited, Anand Bazar, Danapur Cant, P.S.- Danapur, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 490C of 2018 for the offence under Sections 406, 420, 504 and 120B of the I.P.C.

3. As per the prosecution story, there is allegation against the petitioner that he along with other accused persons purchased medicine and not paid the amount for the same to the O.P. No. 2 which caused wrongfull loss to him. The said loss is worth Rs. 15,26,739/-. Thereafter, all the accused persons gave assurance to O.P. No. 2 of returning the consideration amount to him however, they did not return the same and rather abused him.

Patna High Court CR. MISC. No.40115 of 2024(9) dt.24-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is quite innocent, and has committed no offence. He neither participated in any such occurrence. Rather he has falsely been implicated in this case either in misconception or with ulterior motive, which is made clear hereinafter. The petitioner is made scapegoat in this case for the wrong done by the Complainant's Agent, who had already taken amount in regular basis but perhaps never paid to the Complainant. It is further submitted by learned counsel that the case has been compromised between both the parties and he has annexed the supplementary affidavit along with the photocopy of compromise petition filed before the Court of Learned Additional Chief Judicial Magistrate - V, Danapur, Patna.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid submissions and the fact that the matter is amicably settled between the parties, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - V,

Patna High Court CR. MISC. No.40115 of 2024(9) dt.24-02-2025 3/3 Danapur, Patna, in connection with Complaint Case No. 490C of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Ankit Kumar/- U T