Sandip Kumar @ S. Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38332 of 2022 Arising Out of PS. Case No.-900 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Sandip Kumar @ S. Kumar Son Of Late Surendra Prasad Srivastava Presently Resides At Singh Property Near Gate No.-3, Sant Nagar, East Of Kailash, P.S.- Kailash In The District Of New Delhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Bela Singh For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 420, 506/34 of Indian Penal Code.

As per prosecution case, FIR named accused persons including this petitioner took Rs. 30 lacs through cash and account transfer from the informant for investment in business but the accused persons did not give any profit of the business to the informant.

Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. As a matter of fact, this petitioner, informant and brother of the informant namely Utkarsh Anand started doing business, which deals precious stone, by the name of Navratna Gems and some

Patna High Court CR. MISC. No.38332 of 2022(2) dt.22-11-2022 2/2 dispute arose with regards to its account as it ran into loss, so with a view to pressurize the petitioner this false and concocted case has been lodged against him. It is further submitted that the alleged was given to him as an investment for joint business and not as a loan. Furthermore, similarly situated co-accused persons have already been granted anticipatory bail vide order dated 10.05.2019 passed in Cr. Misc. No. 31291 of 2019 and vide order dated 21.06.2019 passed in Cr. Misc. No. 37959 of 2019 by a co-ordinate Bench of this Court.Petitioner has got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur Sadar P. S. Case No. 900 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T