Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66519 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Dilip Kumar Son Of Jaynandan Prasad @ Jaynandan Prasad Gupta MohallaPachhati, Ps- Bodhgaya Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan For the Informant Mr. Rajesh Kumar Singh Mr. Amit Kumar For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420 of the Indian Penal Code.

3. Petitioner is said to have committed theft and misappropriation of money of the informant to the tune of Rs. 12,00,000/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the informant and one Shiv Narayan Mishra have already a business account in the company IIFL through which they sell and purchase the shares of the different

Patna High Court CR. MISC. No.66519 of 2023(3) dt.22-01-2024 2/3 companies. He further submits that informant has earned a lot of business with the above said company but due to crash of share market, the informant had faced heavy loss of Rs. 5,00,000/- due to which the informant started to threatned the petitioner and demanded the loss amount. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. However, the petitioner is ready to return Rs. 10,00,000/- (Ten Lakh) to the informant by installment.

6. Learned counsel for the informant accepted the offer.

7. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail for a period of ten months 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 Bodhgaya P.S. Case No. 08 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. Learned Court below is directed to confirm the

Patna High Court CR. MISC. No.66519 of 2023(3) dt.22-01-2024 3/3 bail bond of the petitioner after satisfying that the petitioner has refunded the aforesaid amount to the informant. (Anjani Kumar Sharan, J) devendra/- U T