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Patna High CourtCR. MISC./37519/2022allowed

Harishankar Sahu v. The State Of Bihar

2022-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37519 of 2022 Arising Out of PS. Case No.-149 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== HARISHANKAR SAHU Son of Shri Satya Narayan Sahu Resident of Village- Behta, Kanhauli, P.S.- Manigachhi, Dist. Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Prasad For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 504, 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons cheated the informant on the pretext of giving higher return of deposited amount in a chit fund company.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.37519 of 2022(4) dt.05-12-2022 2/2 place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is not named in the FIR and during the investigation he has been made accused in the present case because he signed the rent agreement on behalf of the company. He further submits that there is a compromise between the complainant and the coaccused persons, which is also stated in the supplementary counter-affidavit. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, 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 Darbhanga Town P.S. Case No.149 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T