Ajay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37284 of 2025 Arising Out of PS. Case No.-211 Year-2023 Thana- COMPLAINT CASE District- Sheohar ====================================================== Ajay Sah S/O Shivji Sah R/O village - Basahiya Shekh, P. S.- Piprahi, District- Sheohar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ajay Sah S/O Mahendra Sah R/O village - Basahiya Shekh, P. S.- Piprahi, District- Sheohar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Adv.
For the Opposite Party/s :
Mr. Jagjit Roshan, Adv For the State :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 211 of 2023, for the offences under Sections 406, 418, 420 and 467 of the Indian Penal Code
3. As per the prosecution story, petitioner (maternal uncle of complainant) has borrowed Rs. 3,85,000/- from the complainant including two others, namely Shivji Sah and Rambabu Sah on 06.09.2020. As per the agreement, said amount has to be returned to the complainant within three months but petitioner did not return the same within time. Then complainant has sent Legal Notice but the same was not
Patna High Court CR. MISC. No.37284 of 2025(2) dt.27-06-2025 2/3 received intentionally and requested for 10 months extra time to return the said amount but again said amount was not returned by the petitioner.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and falsely been implicated in this. He submits that from perusal of the complaint petition, it appears that the allegation alleged in the complaint petition against the petitioner is completely false and concocted.
5. Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.
6. During course of argument, learned counsel appearing on behalf of both the parties agreed that petitioner will give his due amount of Rs. 2,75,000/- in equal installment of Rs. 20,000/- per month. Learned counsel for the complainant is also agreed on this point.
7. Keeping in view the aforesaid facts, let the petitioner be released on bail provisionally, till payment of entire due amount, in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial magistrate, Sheohar in connection with Complaint Case No.
Patna High Court CR. MISC. No.37284 of 2025(2) dt.27-06-2025 3/3 211 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. In default of payment of aforesaid amount, his bail may be cancelled by the trial court.
(S. B. Pd. Singh, J) prabhakar/- U T