Vijay Vatsyayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47060 of 2024 Arising Out of PS. Case No.-737 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Vijay Vatsyayan Son Of Late Parmanand Singh Madan Village- Chhatauna, Ps- Muffasil, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Jha For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 120B, 406, 420, 409, 467, 468, 471, 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that the wife of the petitioner came to the shop of the informant for purchasing article relating to Nal-Jal scheme, further in between December, 2019 to 20.05.2022 the accused persons purchased material worth Rs.1,10,20, 911/- and in lieu whereof the payment was only made of Rs.1,08,76,000/- as such an amount of Rs.5,84, 911/- remained unpaid.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47060 of 2024(2) dt.21-08-2024 2/2 the petitioner has been falsely implicated in the instant case. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the dispute is purely civil to which a criminal colour has been given. It is also submitted that the instant criminal case has been instituted only with a view to coerce the petitioner into submission for parting with the fanciful demand of the informant under fear of arrest.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tajpur P.S. Case No.737/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T