Prashant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39739 of 2023 Arising Out of PS. Case No.-874 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Prashant Kumar Singh S/O Sri Ranjeet Kumar Singh R/O Village- Zila School Road Bhattha Bazar, PS. K. Hat, Dist. Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pawan Kumar Bhagat S/O Sri Surendra Prasad Bhagat R/O VillageBageshwari Asthan, PS. Sadar, Dist. Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the parties.

2. The petitioner seeks pre-arrest bail in connection with Sadar P.S.Case No.874 of 2022, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code and later on added Section 409 of the IPC.

3. Learned counsel appearing on behalf of the petitioner seeks two weeks' time to bring on record the evidence relating to the fact that the petitioner has returned back the entire amount which he had received from the purchaser and to be paid to the vendor and the petitioner shall produce a copy of the acknowledgment of the same before the learned court below.

4. In case the petitioner files such acknowledgment in

Patna High Court CR. MISC. No.39739 of 2023(2) dt.28-07-2023 2/2 lieu of the entire amount which the informant has given him by way of cheques and a joint affidavit is filed in this regard before the learned court below that the disputes relating to the transaction of money have been resolved, the court below is directed to release the petitioner on pre-arrest bail in connection with Sadar P.S.Case No.874 of 2022 subject to conditions as laid down under Section 438(2) of the Cr.P.C. and in case the evidence is not brought on record along with the affidavit before the learned court below within a period of two weeks, this order will lose its force.

5. No coercive action shall be taken against the petitioner in connection with Sadar P.S.Case No.874 of 2022 pending in the court of the learned CJM, Purnea for the period of two weeks. During which period, the petitioner must carry on the direction of this Court, failing which this order will lose its force.

6. With the above observation/direction, the anticipatory bail application stands disposed of. (Purnendu Singh, J) chn/- U