Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63082 of 2022 Arising Out of PS. Case No.-446 Year-2019 Thana- HISUWA District- Nawada ====================================================== SANTU KUMAR Son of Ram Ratan Singh Resident of Village - Pachadha, P.S.- Hisua, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj, Adv.

For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 353, 504, 506 & 34 of IPC. Allegation against the petitioner is of committing mischief with the informant's company.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that petitioner took loan from the informant's company and thereafter has not paid the same, therefore, the matter was transferred to the Arbitrator and petitioner was directed to pay Rs.19,35,876/- as Award. It is further submitted that petitioner

Patna High Court CR. MISC. No.63082 of 2022(3) dt.13-03-2023 2/2 has paid the said amount, which is clear from the Balance sheet of the Finance Company at page-27 of the bail application. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the petitioner has cleared the dues, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Hisua P.S. Case No.446/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T