Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45346 of 2024 Arising Out of PS. Case No.-317 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== SANDEEP KUMAR S/O SURESH PRASAD R/O VILLAGE- BHAULI DIH, P.S- SALEMNPUR RAJEPUR, DISTT.- EAST CHAMPARAN AT MOTIHARI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.

3.

As per the FIR, petitioner took Rs.2.20 Lacs from the informant for investment and after some time, when informant demanded it back, he assured to pay the same in seven installments but did not return the same. It is further alleged that co-accused transferred Rs.1,08,000/- in the account of petitioner's mother from the mobile of the informant. 4.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.45346 of 2024(2) dt.07-08-2024 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submitted that the money transferred into the account of the mother of petitioner has already been returned and the petitioner is also ready to return the rest amount i.e. Rs.1,12,000/- to the informant. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Considering the statement made in para-7 of the bail application, let the above named petitioner, be released on bail, in the event of his/her 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 Turkauliya P.S. Case No.317 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7.

However, learned Court below is directed to accept the bail bond of the petitioner only after verifying that he has returned the amount of Rs.1,12,000/- to the informant. If it is

Patna High Court CR. MISC. No.45346 of 2024(2) dt.07-08-2024 3/3 found that petitioner has not returned the said amount, then his bail bond shall not be accepted by the Court below. (Anjani Kumar Sharan, J) shikha/- U T