Gopal Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57535 of 2023 Arising Out of PS. Case No.-965 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Gopal Kumar Ojha Son Of Late Brij Nandan Ojha Residents Of Village - Nemaj, Police Station - Brahmpur, District - Buxar/ At Present Resident Of Flat No. A/2, 207, Scc Height Raj Nagar Extension, Police Station - Gaziabad, District - Gaziabad (U.P.) ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Ras Behari Ojha Son Of Late Raghu Nandan Ojha Resident Of Road No.9, Plot No.A/107, Sanjay Gandhi Nagar, Hanuman Nagar, Police Station - Patrakar Nagar, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-09-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner apprehends his arrest in connection with Complaint Case No.965(c) of 2021 registered for the offence/s punishable under Section/s 406, 420, 504 and 506 of the Indian Penal Code.

3.

The main submissions advanced by learned counsel for the petitioner are that the petitioner is a retired employee of the Indian Air Force and he has fair and clean antecedent and the instant matter is based on complaint filed by complainant, who is an advocate and also cousin brother of the

Patna High Court CR. MISC. No.57535 of 2023(2) dt.20-09-2023 2/2 petitioner, in fact the petitioner himself lodged Ara Nawada P.S. Case No.18 of 2021 under Section/s 467, 468 and 420/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act with serious allegation against the complainant and thereafter the complaint case was filed by the complainant without any documentary evidence and a title suit No.266/2023 was also filed by the petitioner against the complainant. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions, in my opinion petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint Case No.965(c) of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) sangam/- U