Ashok Thakur @Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45702 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Ashok Thakur @ASHOK Kumar Son Of Late Ramchandra Thakur Resident Of Village- Silad, Ps- Muffasil, Distt- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420/34 of the Indian Penal Code.

3. The petitioner in association of one co-accused is said to have taken money from the informant for registering the sale deed but neither the sale deed was registered nor the money was returned.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that an agreement was prepared by the coaccused namely Vijay Singh wherein it is stated that all alleged amount has been taken by him. The petitioner has neither committed the alleged offence nor has received the

Patna High Court CR. MISC. No.45702 of 2023(2) dt.19-09-2023 2/2 consideration amount. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that there is civil dispute between the parties, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Muffasil P.S. Case No. 16 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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