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Patna High CourtCR. MISC./65250/2021allowed

Alok Kumar v. The State Of Bihar

2023-04-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65250 of 2021 Arising Out of PS. Case No.-193 Year-2017 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Alok Kumar Son Of Sri Mathura Prasad Resident Of Village - Dulhin Bazar, P.S.- Dulhin Bazar, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Laheri P.S. Case No. 193 of 2017 instituted for the offences under Sections 420, 406, 120(B) of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant entered into an agreement with Avani Enggcom Developers Private Limited for purchase of a Bunglow and paid Rs. 6,35,000/- through cheque and cash on different dates but after receiving the amount, neither the Bunglow

Patna High Court CR. MISC. No.65250 of 2021(7) dt.26-04-2023 2/3 is being handed over to the informant nor her money is being returned.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. As per F.I.R itself, the money was given to co-accused Rahul Raj not this petitioner. The informant has not produced any agreement showing purchase of Bunglow. The petitioner was associated with the aforesaid company on 20.07.2014 for a very short period and thereafter he resigned from the company on 12.09.2015. A copy of the resignation letter is annexed as Annexure-2 to the petition.

Regard being had to the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Nalanda, Biharsharif in connection with Laheri P.S. Case No. 193 of

Patna High Court CR. MISC. No.65250 of 2021(7) dt.26-04-2023 3/3 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T