Kundan Kumar @ D. Vicky @ Vicky Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35173 of 2020 Arising Out of PS. Case No.-722 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.

KUNDAN KUMAR @ D. VICKY @ VICKY KUMAR PATEL, Son of RAMENDRA SINGH, Resident of Village - Gokulpur, P.S.- Kargahar, Distt.- Rohtas.

2.

Triloki Singh, Son of late Ram Sakal Singh Resident of Village - Dharahara, P.S.- Kargahar, Distt.- Rohtas.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Arjun Rai S/O Lalan Rai R/V - Dharahra, P.O. Babhni, P.S. Kagahar, District - Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chhotelal Mishra For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-08-2021 Heard Mr. Chhotelal Mishra, learned advocate for the petitioner and Mr. Arun Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Complaint Case No. 722 of 2017, in which cognizance has been taken under Sections 420 and 120 (B) of the Indian Penal Code. On 23.03.2021, this Court had directed for issuance of notice on Opposite Party No. 2 and the

Patna High Court CR. MISC. No.35173 of 2020(6) dt.17-08-2021 2/3 petitioners were granted provisional bail.

Despite the notice having been served upon Opposite Party No. 2, they have not appeared in this matter so far.

The learned advocate for the petitioners has submitted that the accusation against the petitioners is only of having introduced the complainant / Opposite Party No. 2 to the Branch Manager of the Bank who has been made accused no. 1 in the complaint petition. The further ground of challenge against the order impugned is that initially the complaint lodged by Opposite Party No. 2 was sent under Section 156 (3) for institution of a regular case. During investigation, the accusation was found to be false. It was only thereafter that the protest filed by the Opposite Party No. 2 was treated as complaint and cognizance has been taken. Regard being had to the afore-stated facts, the provisional bail granted to the petitioners is, hereby, confirmed. They shall remain on the same bail-bonds.

Patna High Court CR. MISC. No.35173 of 2020(6) dt.17-08-2021 3/3 The application stands allowed.

(Ashutosh Kumar, J) skm/- U T