Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70372 of 2023 Arising Out of PS. Case No.-59 Year-2022 Thana- GOPALPUR District- Patna ====================================================== RAHUL KUMAR SON OF MAHENDRA SINGH RESIDENT OF VILLAGE - SONA GOPALPUR, P.S. - GOPALPUR, DISTRICT - PATNA ... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Rajiv Ranjan, S/o Indradeo Prasad, R/V Maira, P.O. + P.S. Katrisarai, District Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Ranjan Sinha, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code.
3. Learned counsel for the petitioner submits that from perusal of the office report dated 25.04.2024, it would manifest that the same records that ordinary notice has been received by the father of the opposite party no. 2.
4. Since the notice has been received by the father of the opposite party no. 2 as such the notice is deemed to have been validly served.
5. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely
Patna High Court CR. MISC. No.70372 of 2023(4) dt.26-04-2024 2/3 implicated in the present case by the opposite party no. 2. It is further submitted that the dispute is purely civil to which a criminal colour has been given. It is next submitted that Ram Prabesh Mahto along with two others had moved this Court seeking anticipatory bail by filing Cr. Misc. No. 49798 of 2022 and the same was allowed by an order dated 15.12.2022 passed by a Coordinate Bench of this Court. It is also submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the thrust of the allegation is against Ram Prabesh Mahto and Om Nath Mahto. It is further submitted that if the opposite party no. 2 was aggrieved by the conduct of the accused persons in not returning the amount which was given by way of consideration for executing sale deed, the opposite party no. 2 ought to have moved before a Court of competent Civil Jurisdiction for recovering monetary dues but then the Criminal Court should not be used as a tool for recovering monetary dues.
6. Mr. Chandra Bhushan Prasad, learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.70372 of 2023(4) dt.26-04-2024 3/3 anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Gopalpur P.S. Case No. 59 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T