Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56817 of 2024 Arising Out of PS. Case No.-446 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Subodh Kumar S/o- Bachcha Prasad Singh @ Bacha Yadav Village- Udaypur Ps- Paliganj Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tarique Mahmood Son of Md. Mahmood Alam Village- Begampur Ps- Ara Nagar Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 446C of 2023 for the offence under Sections 420, 406, 504, 506 and 34 of the I.P.C.

3. In the complaint petition, there is allegation against the petitioner that he along with other co-accused persons has cheated the complainant and took away a sum of Rs. 5,00,000/- (Five Lakh) on the false promise of selling the land.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence whatsoever alleged by the complainant. The petitioner has falsely been implicated in this false and concocted case by the

Patna High Court CR. MISC. No.56817 of 2024(4) dt.24-02-2025 2/2 complainant for taking undue advantage. The entire prosecution is highly absurd, improbable and frivolous.

5. Learned APP opposes the prayer for bail.

6. From perusal of case records, it appears that this a civil dispute and for recovery of money, Civil Suit may be filed which is proper and appropriate. Moreover, as per Complaint petition. the alleged amount has not been transferred in the account of petitioner. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Complaint Case No. 446C of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Ankit Kumar/- U T