Patna High CourtCR. MISC./46623/2024bail granted

Amit Gupta @ Amit Kumar v. The State Of Bihar

2024-08-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46623 of 2024 Arising Out of PS. Case No.-318 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Amit Gupta @ Amit Kumar Son of Sri Harishankar Gupta @ Hari Shankar Prasad Village- Saraiya, Post- Dumari, P.S.- Basdiha Road Baliya, Distt.- Baliya (U.P.) ... ... Petitioner/s

Versus

The State of Bihar 2.

Nilesh Kumar Son Of Raja Ram Singh Village- Natwar Kalal, Po- P.S.- Natwar, Distt.- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner, O.P. No. 2 and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 504 of the Indian Penal Code.

3. As per the prosecution case, this petitioner borrowed pens and refills amounting to Rs. 4,14,712/- from the opposite party No. 2 and he has not paid the dues Rs. 2,04,712/- till date.

4. Learned counsel for the petitioner submits that petitioner has already paid the full amount and there is no

Patna High Court CR. MISC. No.46623 of 2024(2) dt.13-08-2024 2/2 payment left to be made. He next submits that dispute arises of business transaction and is purely civil in nature. Opposite party No. 2 has got alternate remedy before the court below. Petitioner has got clean antecedent.

5. Learned counsel for the opposite party No. 2 vehemently opposed the bail application.

6. Considering the nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate- 1st, Bikramganj, Rohtas in connection with Complaint Case No. 318 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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