Ritesh Sharma @ Ritesh Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51646 of 2024 Arising Out of PS. Case No.-245 Year-2024 Thana- BUXAR District- Buxar ====================================================== Ritesh Sharma @ Ritesh Kumar Sharma S/o- Late Vir Bahadur Choudhary R/o- Vir Kunwar Singh Colony, Charitar Van, Buxar Ps- Buxar Town DistBuxar ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Sanjay Rai son of Late Surydeo Rai Village- Jokahi Ps- Buxar M DistBuxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyapal Singh For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Buxar (Town) P.S. Case No. 245 of 2024, registered for the offences punishable under Sections 147, 148, 149, 406, 420, 467, 468, 471, 120(B), 323, 504, 506 of the Indian Penal Code.
3. As per allegation, in the year 2014, the informant agreed to work for accused persons based on their assurances, including a promise to refund Rs. 1 lakh security deposit after completion of work. A formal work order was issued, and the informant began to work, spending Rs. 4,98,280/- on materials and labour. He also paid Rs. 1 lakh as a security deposit, partly
Patna High Court CR. MISC. No.51646 of 2024(4) dt.18-01-2025 2/3 in cash and partly via bank transfers. However, the accused persons only paid Rs. 47,420/- and when the informant demanded the remaining amount, they made excuses, abused him, and threatened him. The informant alleges that the accused persons including the petitioner conspired to defraud him, with an intention to usurp his money.
4. The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He has submitted further that no work order has been executed by the petitioner and the complaint petition has been filed after nine years, to which the learned counsel for the informant submits that there was good relations between the parties which is the reason for delayed filing of complaint petition. The work order which is alleged to have been executed by the petitioner, has not been brought on the record. He has also submitted that the delay of nine years in filing of the complaint petition, has not been satisfactorily explained.
5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.51646 of 2024(4) dt.18-01-2025 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Buxar (Town) in connection with Buxar (Town) P.S. Case No. 245 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) kundan/- U T