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Patna High CourtCR. MISC./3413/2021bail granted

Shri Krishna Prasad @ Dr. Krishna Prasad @ Krishna Parasad v. The State Of Bihar

2021-11-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3413 of 2021 Arising Out of PS. Case No.-907 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Shri Krishna Prasad @ Dr. Krishna Prasad @ Krishna Parasad Son Of Late Rajeshwari Parasad Muhallla- Karan Sarai, P.S. Sasaram Town, DistrictRohtas. At Present Posted At Incharge Principal, Sher Shah College Sasaram, P.S. Sasaram Muffassil, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dharamraj Singh Son Of Late Mathura Singh Gaurakshani, Gali No 8/A, P.S. Sasaram Model, District- Rohtas.

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case no. 907 of 2018 instituted for the offence punishable under Sections 384 and 409 of the Indian Penal Code.

As per allegation in the FIR, when the complainant

Patna High Court CR. MISC. No.3413 of 2021(3) dt.29-11-2021 2/3 has requested the petitioner to make payment of the due amount of salary differences to him then the petitioner has demanded 10% commission of the alleged due amount otherwise he will complicate the matter.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is no specific allegation against the petitioner. Several litigations are pending between the parties. He has got no criminal antecedent. It has further been submitted that during course of enquiry it has been found that the complainant has already been received excess payment of Rs. 2453926/- and University has directed for recovery of excess amount from the complainant.

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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 907 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.3413 of 2021(3) dt.29-11-2021 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas at Sasaram subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T