Sudish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35177 of 2022 Arising Out of PS. Case No.-140 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sudish Kumar S/O Ram Lagan Sah Resident Of Village- Patiyala Chowk, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 120(B) of the Indian Penal Code.

The prosecution case as per F.I.R is that the petitioner and his father were running a non-banking business in the name and style of "Jeewan Prakash India". On being induced by the petitioner and his father, the informant deposited Rs. 4,84,000/- for a term deposit in the said company but after its maturity no money was paid to him rather the informant was threatened of dire consequences.

Patna High Court CR. MISC. No.35177 of 2022(2) dt.28-11-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has falsely been implicated in the present case. It is also submitted that the alleged company was a registered company under the Registrar of the company and the petitioner was given authority on behalf of the company to sell the shares of the company. It is further submitted that the petitioner has nothing to do with the said company and he is not involved in the affairs of the said company. It is also submitted that the petitioner and informant are also working in the same company and due to dispute between them, the present case was lodged with false and concocted allegations. It is also submitted that this case comes within the preview of civil in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.35177 of 2022(2) dt.28-11-2022 3/3 learned Additional Chief Judicial Magistrate IV, Muzaffarpur in connection with Ahiyapur P.S. Case No. 140 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T