Abhay Kumar @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67027 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- BIHTA District- Patna ====================================================== Abhay Kumar @ Abhishek Kumar Son of Late Bidyanand Rai @ Bidyanad Rai Resident of Village - Bela, P.O. - Neora, P.S. - Bihta (Neora OP), District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amar Verma Son of Sri Ram Dayal Verma Resident of Village and P.O. - Dhanaut, P.S. - Rupaspur, District - Patna. At present residing at Mohalla - B-107 Police Colony Anisabad, P.S. - Gardanibag, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Sinha, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-12-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bihta (Neora O.P.) P.S. Case No. 295 of 2023, registered for the offences punishable under Sections 419, 420, 406, 504, 506/34 of the Indian Penal Code.

3. The prosecution story in short is that the petitioner took money along with other co-accused persons in lieu of registering a land and later on, the accused persons demanded much more money than the agreement entered into between them and threatened him of dire consequences.

Patna High Court CR. MISC. No.67027 of 2024(2) dt.16-12-2024 2/2

4. The learned counsel for the petitioner submits that the petitioner is not a party to the agreement to sell between the informant and two main accused persons Sujeet Kumar and Ashwani Kumar. He is only witness of the agreement to sell which was entered into between Sujeet Kumar and Ashwani Kumar so far as the present transaction is concerned. The petitioner is neither a party nor he is beneficiary thereof. He is a person of clean antecedent.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Danapur, Patna in connection with Bihta (Neora O.P.) P.S. Case No. 295 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Guddu/- U T