Sahil Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48301 of 2023 Arising Out of PS. Case No.-14013 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SAHIL SINHA SON OF MANOJ KUMAR SINHA RESIDENT OF VILLAGE- BASANT LODGE KAJIPUR, OPPOSITE KAJIPUR, CPI OFFICE, PS- KADAMKUAN, DIST- PATNA AND PERMANENT ADDRESS VILLAGE- MATKURIYA BASTI LALA TOLA, PO- VASPUR, PS- BANK MORE DISTT- DHANBAD (JAHRKHAND) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAJU SINGH SON OF SUDHIR SINGH RESIDENT OF VILLAGEBASANT LODGE KAJIPUR, CPI OFFICE, OPPOSITE, PS- KADAM KUAN, DISTT- PATNA ... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s :

Mr.Purushotam Sharma, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with Complaint Case No. 14013(c) of 2022, registered for the offences punishable under Sections 420, 323, 341, 504/34 of the Indian Penal Code.

3.

The allegation is regarding the accused persons including the petitioner herein having lured the complainant into transferring a sum of

Patna High Court CR. MISC. No.48301 of 2023(2) dt.11-08-2023 2/3 Rs. 5,85,000/-, on the pretext of facilitating a job for him in Railways.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the amount transferred in his account by the complainant has already been returned back to the complainant and the same can be verified by the learned trial court.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the amount transferred in the bank account of the petitioner has already been refunded back by the petitioner to the complainant, though I deem it

Patna High Court CR. MISC. No.48301 of 2023(2) dt.11-08-2023 3/3 fit and proper to admit the petitioner herein to the privilege of anticipatory bail, however, subject to the learned court of Judicial Magistrate-1st Class, Patna in connection with Complaint Case No. 14013 (c) of 2022, verifying the fact as to whether the amount paid by the complainant to the petitioner has been returned back to the complainant or not and further subject to such other conditions, as may be deemed fit and proper to be imposed, for the purposes of grant of bail, by the learned trial court.

7.

The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T