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Patna High CourtCR. MISC./44866/2022allowed

Ram Lalit Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44866 of 2022 Arising Out of PS. Case No.-1372 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== RAM LALIT YADAV Son of Sakaldeo Yadav Resident of Village - Sherpur, Katarmala, Ward no. 7, P.S. Nimachandpura, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bambam son of Shambhu Sah Resident of Village - Shirniya, P.s. Matihani, District - Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case No. 1372 of 2019 instituted for the offence punishable under Sections 323, 420, 120(B), 506 of the Indian Penal Code.

As per allegation in the FIR, petitioner has duped Rs. 44,000/- from the complainant, and on demand he denied to return it back and petitioner and his father have abused and assaulted the complainant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.44866 of 2022(2) dt.13-12-2022 2/2 General and omnibus allegations have been levelled against the petitioner. In fact, petitioner was having friendship with the complainant and he had given loan amount of Rs. one lakh to the complaint and out of which the complainant has returned to. 44,000/- to the petitioner and only for defalcation of the rest amount of Rs. 56,000/-, the complainant has lodged this false case. He has got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of 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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Complaint Case No. 1372 of 2019, they 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 Judicial Magistrate, 1st Class, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U