Sadhu Saran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52355 of 2023 Arising Out of PS. Case No.-33 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== SADHU SARAN YADAV son of Late Hira Yadav Village- Beldar Bigha PsBelaganj Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kafil Ahmad son of Late Shamim Ahmad R/o- Sherpur Ps- Chandauti DistGaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narain, Sr. Adv Mr. Sunil Kumar Yadav, Adv For the Opposite Party/s:

Mr. Gauri Shankar Gupta, APP Mr. Sanjay Kumar Sharma, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned Senior Counsel for the petitioner, learned counsel for the complainant as well as learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 and other allied Sections of the Indian Penal Code.

3. Allegedly, the petitioner took Rs.2,00,000/- from the complainant and when the complainant asked him to return his money, he refused and assaulted him.

4. It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and have committed no

Patna High Court CR. MISC. No.52355 of 2023(2) dt.30-08-2023 2/3 offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The complainant has not paid any money to the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is a civil dispute/money dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, 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 Complaint Case No.33 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. However, the petitioner is directed to co-operate in the trial and shall remain physically present in the court on each and every date during trial and in the event of failure on two

Patna High Court CR. MISC. No.52355 of 2023(2) dt.30-08-2023 3/3 consecutive dates, his bail bonds shall be cancelled by the learned Court concerned.

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