Amritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56891 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- BARAHAT District- Banka ====================================================== Amritesh Kumar S/o Abhimanyu Singh R/O Village Chilkawar, Police Station Rajoun, District Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ankit Kumar S/O- Gopa Krishna Singh R/O Vill- Khairatipur PS- Barahat Dist.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP Mr. Anil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

3. The allegation in the F.I.R. is that the petitioner had asked the petitioner to invest in share market and the informant transferred a total amount of Rs. 1,69,900/- but the said amount was never returned to the informant.

4. Learned counsel for the petitioner submits that both the parties were friends and in good faith there was some money transaction between them. Further, informant had deposited an amount of Rs. 98,900/- in the bank account of the

Patna High Court CR. MISC. No.56891 of 2024(6) dt.23-06-2025 2/2 petitioner, which he is agreeable to return and the same has also been accepted between the parties as per the mediation report of the Patna High Court Mediation Centre, by way of the memorandum of agreement dated 08.05.2025 passed in Mediation Proceeding No. 598 of 2025.

5. In such view of the matter, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 lower Court on showing a proof of payment of Rs. 98,900/- in to the account of O.P. No. 2 and the same shall be done within a period of four weeks, where the case is pending/successor Court in connection with Barahat P.S. Case No. 160 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

6. Upon payment of the agreed amount of Rs. 98,900/-, it is directed that the O.P. No. 2 would take effective steps for withdrawal of the criminal cases filed against the petitioner. (Soni Shrivastava, J) aditya/- U T