Shiv Prakash Singh @ Shiv Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58831 of 2022 Arising Out of PS. Case No.-223 Year-2022 Thana- LADANIA District- Madhubani ====================================================== SHIV PRAKASH SINGH @ SHIV PRAKASH S/O RAJDEO PRASAD SINGH @ RAJ DEV PD. SINGH Resident of village- Bhagwanpur, Sahajanand Colony, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 365 of the Indian Penal Code.

As per allegation in the FIR, petitioner has provided his Hyva Truck on rent to the brother of the informant and with regard to transaction of money there was some dispute between them, for which, petitioner visited the informant's brother several times. On 17.7.2022 petitioner accompanied informant's brother on the alleged vehicle to Muzaffarpur, from where he did not return back. On 20.7.2022 informant's brother called upon on his nephew's mobile number that petitioner has confined him for debt recovery. Then the present FIR has been lodged by the informant against the petitioner.

Patna High Court CR. MISC. No.58831 of 2022(2) dt.04-02-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. In fact, with a view to usurp the dues money i.e. more than ten lakh, the informant has trapped the petitioner by filing false case against him. Alleged occurrence took place on 17.7.2022 but the FIR has been lodged after a delay of five days without any sufficient reason. Petitioner has no criminal antecedent and he is languishing in judicial custody since 23.7.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Madhubani in connection with Ladaniya P.S. Case No. 223 of 2022.

(Sunil Kumar Panwar, J) sushma/- U