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Patna High CourtCR. MISC./45472/2022allowed

Pradeep Kumar v. The State Of Bihar

2022-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45472 of 2022 Arising Out of PS. Case No.-389 Year-2020 Thana- GOVINDGANJ District- East Champaran ====================================================== Pradeep Kumar Son Of Harinath Prasad R/O Village- Banjariya Pandal, P.S.- Banjariya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Govindganj (Areraj) P.S. Case no. 389 of 2020 instituted for the offence under Sections 341, 323, 406, 420, 427, 120(B, 504, 506, 34 of the Indian Penal Code.

Prosecution case relates to money dispute between the informant and petitioner along with other co-accused persons due to non-payment of arrears of Rs. 18,80,000/-. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. It is further

Patna High Court CR. MISC. No.45472 of 2022(2) dt.13-12-2022 2/2 submitted that there is no cheating in respect of receiving money by transaction between the parties. The petitioner has transaction with many persons including the informant due to which he has falsely been implicated in this case. It is further submitted that this case is civil nature.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Govindganj (Areraj) P.S. Case no. 389 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U