Narendra Kumar @ Sadhu Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61607 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- GURARU District- Gaya ====================================================== Narendra Kumar @ Sadhu Jee Son Of Arun Singh R/O Village- Lodipur, P.S.- Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiw Kumar Prabhakar For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420 and 506/120 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he took Rs.1,00,000/- from the informant in lieu of delivery of bricks but at the time of delivery, he refused. Thereafter the informant lodged present case against the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He filed a supplementary affidavit in which he stated that the petitioner is ready to return the amount of Rs.1,00,000/- to the informant but the learned counsel for the informant is not

Patna High Court CR. MISC. No.61607 of 2022(5) dt.02-05-2023 2/2 ready to accept the said amount. He further submits that there is civil dispute between the parties. He submits that the informant forcefully wants to get bricks from the petitioner side on cheaper rate, that too without doing necessary payment for that. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is civil dispute between the parties, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Guraru P.S. Case No.51/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T