Dillu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44812 of 2023 Arising Out of PS. Case No.-297 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== DILLU KUMAR SON OF MAHENDRA SINGH RESIDENT OF VILLAGE- LOHARA, PS- DINARA, DISTT- ROHTAS ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DHARMENDRA KUMAR SINGH SON OF LATE INDRADEO SINGH RESIDENT OF VILLAGE- GHORWANCH, PO- PUHPI, PS- DINARA, DISTT- ROHTAS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Nandan Sahay, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP Mr.Nagendra Upadhyay, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 406, 120B, 323, 504/34 IPC but cognizance has been taken only for the offence u/s 420 and 406 of the IPC.

3.

Allegedly, in good faith, complainant gave loan of Rs.80,000/- to the petitioner but even after expiry of six months, he did not return the said amount. The complainant demanded his money, then the petitioner assured to return the same and executed a bond on 11.07.2020. On repeated demands, the said amount was not returned to the complainant.

Patna High Court CR. MISC. No.44812 of 2023(3) dt.12-09-2023 2/2 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. Due to business rivalry, petitioner has been falsely implicated in this case. No money has been taken by the petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the complainant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering that there is money 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 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 Complaint Case No.297 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T