Badal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39345 of 2024 Arising Out of PS. Case No.-448 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== Badal Kumar Yadav Son of Prafull Prasad Yadav @ Prafull Yadav R/O Vill.- Mohra Baghnocha, P.S.- Azamnagar Salmari O.P., Dist.- Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Md. Tasovar Son of Md. Anwarul R/O Vill.- Laskarwbari, Post- Belbari, P.S.- Azamnagar, Salmari O.P., Dist.- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Adv.

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 406, 467, 468, 323, 506, 307, 379, 384, 427, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that this petitioner alongwith other co-accused under a conspiracy took Rs. 36,71,540/- from the informant/opposite party no. 2 for making him authorized Aadhar Centre. It is further alleged that on 29.1.2023, when the informant asked the petitioner about the amount, petitioner threatened him to kill by brandishing pistol.

Patna High Court CR. MISC. No.39345 of 2024(3) dt.05-09-2024 2/3 It is next alleged that petitioner and his family members assaulted informant and snatched silver chain from him and also refused to return the amount.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R., it is apparent that petitioner and informant were business partners and it is a partnership dispute. From perusal of paragraph - 11 of the bail petition, it is apparent that petitioner has already returned due amount alongwith interest to opposite party no. 2. Moreover, the dispute is purely of a civil nature, for which, opposite party no. 2 has got some other remedy. Petitioner claims clean antecedent.

5. However, learned counsel for the informant vehemently opposes the prayer for anticipatory bail.

6. Considering the fact that dispute is purely of a civil nature and the fact that petitioner has already returned due amount alongwith interest to opposite party no. 2 coupled with the fact that petitioner has got clean antecedent, the prayer for anticipatory bail of petitioner is allowed.

7. Let the above named petitioner, in the event of his arrest/surrender before the Court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.39345 of 2024(3) dt.05-09-2024 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Azamnagar (Salmari O.P.) P.S. Case No. 448 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T