Vijay Nandan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52258 of 2024 Arising Out of PS. Case No.-737 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Vijay Nandan Gupta S/O Late Kali Charna Gupta R/O Village- Dobhi, P.SDobhi, Distt.- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Baleshwar Yadav S/O Dewchand Yadav R/O Village- Govindpur, P.SChandauti, Distt.- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner, Complainant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 504, 420 of the Indian Penal Code.

3. As per FIR, there is allegation against the petitioner for receiving the amount from the complainant and he has not returned the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. This case is a counter blast case filed by the complainant with an ulterior motive in order to achieve wrongful gain by making false allegation against the petitioner. He further

Patna High Court CR. MISC. No.52258 of 2024(3) dt.21-09-2024 2/2 submits that the petitioner has earlier brought the Complaint Case No. 462 of 2014 against the son of complainant thereafter the complainant lodged instant case. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that there is purely civil dispute between the parties, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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. 737 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T