Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70710 of 2023 Arising Out of PS. Case No.-254 Year-2023 Thana- RUPASPUR District- Patna ====================================================== Satish Kumar S/O Ravindra Prasad Singh @ Ravindra Prasad resident of Village- Gurudwara Road, New Colony, Quarter No. 201, AB, P.S. Khagaul, Dist. Patna. At Present Near Gandhi Nagar Park, Jagat Narayan Road, P.S. Khagaul, Dist. Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manish Kumar S/O Shyam Babu Singh Village- Shri Ram Nagar Colony, Phulwari, Dist. Patna, At Present Vikas Vihar Colony, P.O- Dhanaut, Ps. Rupaspur, Dist. Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar Choudhary, Advocate For the State :

Mr. Uday Chand Prasad, APP For the Opposite Party :

Mr. Lokesh Kumar, Advocate Ms. Priya Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner learned counsel for the informant and learned APP for the State.

2. The petitioner seeks regular bail in connection with Rupaspur P.S. Case No. 254 of 2023 for the offences registered under Sections 406, 420 of the Indian Penal Code.

3. As per the prosecution case, petitioner along with other accused persons on the pretext of providing land and job took Rs. 35,00,000/- from the informant but he did not provide the same. On making pressure, cheque of Rs. 11,75,000/- was given to the informant but the same became dishonoured.

Patna High Court CR. MISC. No.70710 of 2023(4) dt.08-02-2024 2/2

4. Learned counsel for the petitioner submits that there is money transaction between the petitioner and the informant due to which there is dispute. There is case and counter case between the parties. Petitioner has seven criminal antecedents out of which two cases have been filed by the informant and his brother and four cases belong to Excise Act. Petitioner is in custody since 07.07.2023. Charge-sheet has already been submitted. There is no chance of tampering with the evidence or absconding of the petitioner.

5. Learned counsel appearing on behalf of the State assisted with learned counsel for the informant vehemently oppose the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Rupaspur P.S. Case No. 254 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T