Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40808 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== DHANANJAY KUMAR Son of Ramashish Singh R/o-Vill. and P.O- Dulapur, ward no. 3, PS- Teghra Dist.- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prince Kumar Son of Suresh Singh R/O- Village- Naula, ward no. 21 P.SBhgawanpur Dist- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 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.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 420 IPC.

Allegedly, the complainant purchased a truck from the informant for a consideration amount of Rs. 17,00,000/-. The meantime the petitioner got information of an accidental case caused by his truck and thereafter he started pressurizing the complainant to complaint for recovery of due amount in order to save his skin from the accidental case without the

Patna High Court CR. MISC. No.40808 of 2022(2) dt.24-11-2022 2/3 knowledge of complainant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. It It is further submitted that the complainant had purchased a truck on the consideration amount Rs. 17,00,000/- from the petitioner. The complainant have paid Rs.10,00,000/- to the petitioner. But he did not paid Rs. 7,00,000/-.He has been falsely implicated in this case to digest Rs. 7,00.000/- from him. It is submitted that at the time of sale of truck, the petitioner has neither suppressed any material facts nor misrepresented any facts to the complainant and he knew about the case of Kunda PS Case No. 79 of 2017. No such occurrence, in the manner as alleged, has ever taken place. The amount Rs. 7,00,000/- is being duped by the complainant by taking the advantage of the present criminal case against him. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is a business transaction dispute between the parties., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court

Patna High Court CR. MISC. No.40808 of 2022(2) dt.24-11-2022 3/3 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 Begusarai Complaint Case No.80 C of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T