Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35156 of 2023 Arising Out of PS. Case No.-322 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sonu Kumar S/O Om Prakash Gupta R/O Village-Beapur, Gupta Tola, Adjacent Of Shankar Kirana Store, P./s.-Maner, Dist.-Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rajeev Kumar Ranjan S/O Late Sahdev Sharma C/O- Vijay Kumar Sharma, Golghar Chauraha, Gali 1-8, G.P.O., Golghar, P.S.-Gandhi Maidan, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the State :

Mr. Mohammad Sufyan For the Complainant :

Mr. Thakur Brajesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 406, 420, 120(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner has received Rs. 52,000/- as brokerage and also put his signature as witness on the agreement as well as sale deed executed in favour of the complainant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35156 of 2023(3) dt.06-11-2023 2/3 the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is ready to return the said amount i.e. Rs. 52,000/- to the complainant. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the complainant opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the statement made on behalf of the petitioner at bar, let the above named petitioner, be released on provisional bail for four months, 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 Complaint Case No. 322(C) of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The learned Court below is directed to confirm the provisional bail of the petitioner after satisfying himself that the

Patna High Court CR. MISC. No.35156 of 2023(3) dt.06-11-2023 3/3 petitioner has returned the said amount i.e. Rs. 52,000/- to the complainant.

8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T