Amit @ Amit Kumar @ Sharvan Sah @ Sharwan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50929 of 2023 Arising Out of PS. Case No.-596 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Amit @ Amit Kumar @ Sharvan Sah @ Sharwan Sah Son of Basudeo Sah Resident of village - Motichak, P.O. - Sripur, P.s. - Bhawanipur, Distt. - Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner andthe State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.
3. Prosecution case in brief is that petitioners and other purchased maize from the informant and three farmers, but subsequently, they refused to pay the price for the same.
4. It is submitted that petitioners have been falsely implicated in this case. There is no chit of paper on the record to support the prosecution case that informant and others sold the maize to the petitioners and as such, no offence as alleged in the FIR. Similarly situated co-accused has been granted bail by a different Bench of this court vide order dated 24.05.2023 passed
Patna High Court CR. MISC. No.50929 of 2023(3) dt.21-08-2023 2/2 in Cr. Misc. No. 14767 of 2023 vide Annexure-2. Petitioner claims clean antecedent.
5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in connection with Sadar P.S. Case No. 596 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T