Vinod Kumar @ Vinod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64929 of 2023 Arising Out of PS. Case No.-858 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Vinod Kumar @ Vinod Prasad Son Of Late Vishwanath Prasad VillageBarawa, PS- Lakhaura, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 420, 406 of the Indian Penal Code.

3. Dispute arose between the parties over the share of pensionary benefit of the father, which was deposited in the joint account of the petitioner and the informant resulting in institution of the present case.

4. It is submitted on behalf of petitioner that informant and petitioner are full brothers and Rs. 13,60,000/- (Rupees thirteen lacs sixty thousand), which is retirement benefit of his father, has been deposited in the joint account of both persons (petitioner and informant), but after some time, a dispute arose between them and thereafter, as per direction of Panches and

Patna High Court CR. MISC. No.64929 of 2023(5) dt.27-02-2024 2/2 consent of both parties, the said amount was transferred to the account of cousin brother, but on refusal of his cousin brother, the informant has filed this false case only with a view to put pressure on the petitioner. It is further submitted that moreover, the dispute is purely of a civil nature, which should be agitated before the competent jurisdiction of Civil Court. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Muffasil (Lakhaura) P.S. Case No. 858 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T