Sri Vipin Kumar @ Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58825 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- KARJA District- Muzaffarpur ====================================================== Sri Vipin Kumar @ Vipin Kumar Son Of Late Asharfi Sahni Resident Of Village - Akhtiyarpur, P.O. - Marwan, P.S. - Karja, District - Muzaffapur ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Md. Mustafa Son Of Md. Murtaja Director, Green City, Muzaffarpur, Registered Office - A1 Hera Complex, Bhagwanpur, P.S. - Sadar, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 419, 120B, 467, 468, 471/34 of the Indian Penal Code.

3. As per the F.I.R., the allegation against the petitioner is that he has received consideration money total five lakhs through RTGS and later on, he refused to execute the sale deed.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.58825 of 2023(7) dt.30-01-2024 2/3 that petitioner is innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submitted that the agreement for sale is between the informant and one other person is enclosed with the F.I.R. He further submitted that petitioner was earlier appointed as a care taker of the Green City Project but has not paid his remaining salary i.e. Rs. 1.75 lakh when the petitioner demanded his money, informant fired him from job, thereafter, the present case has filed by the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the opposite party no. 2 opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the fact that earlier the Court has directed to learned counsel for the O.P. No.2 to produce the RTGS Paper but he has failed to produce the said RTGS paper, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.58825 of 2023(7) dt.30-01-2024 3/3 within a period of six weeks from today, 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 Karja P.S. Case No.301 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T