Dr. Sanjeev Kumar Agarwal @ Dr. Sanjiv Kumar Agarwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42859 of 2022 Arising Out of PS. Case No.-399 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== DR. SANJEEV KUMAR AGARWAL @ DR. SANJIV KUMAR AGARWAL S/o Late Arbind Kumar Agarwal R/o Mohalla- Mungeriganj, Arbind Sobha Memorial Dental Hospital, Kharag Narayan Road, P.S.- Begusarai, DistrictBegusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prakash Kr. Agarwal S/o Late Sukhdeo Narayan Agarwal R/o MohallaMungeriganj P.N. Bazar and Jewelers Main Road, P.S.- Nagar, DistrictBegusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr.Adv.

Mr.Ambrish Kumar Jha For the Opposite Party/s :

Mr.Lalan Kumar Mr.Md. Fazle Karim ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner, learned A.P.P. and learned counsel for complainant/opposite party no. 2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406, 420 and 34 of the Indian Penal Code.

As per the prosecution case, petitioner had borrowed Rs. 1,24,36,512/- from complainant/opposite party no. 2 for starting a business and assured him to return the same within a year. On 21.01.2019, the petitioner handed over a cheque of aforesaid amount to complainant, which got bounced due to

Patna High Court CR. MISC. No.42859 of 2022(3) dt.15-12-2022 2/3 insufficient fund and thus, the petitioner cheated the complainant and misappropriated the amount.

It is submitted on behalf of petitioner that for the same purpose, the complainant has filed a complaint case, vide Complaint Case No. 278C of 2019 for the same allegation with same prosecution story. It is further submitted that the complainant, in connivance with brother of petitioner, filed several complaint cases of similar nature against this petitioner only with a view to harass him.

However, learned counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that petitioner is habitual offender and he is accused in as many as 8 cases. Reference of which has been given in paragraph 15 of the counter affidavit. He further submits that after conviction in complaint case no. 278C/2019, the petitioner preferred Cr.Appeal No. 25/2022, which too stood dismissed with direction to him to surrender before the court below, but petitioner did not surrender. He next submits that process of Section 82 Cr.P.C. has already been issued in Complaint Case No. 635C/2019, vide order dated 10.11.2022 and as such, the petitioner does not deserve the privilege of anticipatory bail. Considering the nature of accusation as well as

Patna High Court CR. MISC. No.42859 of 2022(3) dt.15-12-2022 3/3 criminal antecedent and conduct of the petitioner, his prayer for anticipatory bail is rejected.

(Prabhat Kumar Singh, J) anay/- U T