Rajendra Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69220 of 2019 Arising Out of PS. Case No.-432 Year-2017 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rajendra Kumar Bhagat Son of Late Bishunath Prasad Bhagat Resident of Village- Parwati hata, P.S.- Hat (sahyayak), District- Purnea. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Dr. Asad Imam Son of Late Md. Afik Resident of Mohalla- Naya Tola Line Bazar, P.S.- K. Hat, District- Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Singh, Advocate For the State :

Mr. Shailendra Kumar Singh, APP For the Opposite Party/s :

Mr. Prince Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with K. Hat (Sahayak) P.S. Case No. 432 of 2017, registered for the offence punishable under Sections 406, 420 and 506 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that now the petitioner wants to compromise the matter with the O.P. No.2 and ready to pay Rs.25,00,000/- to O.P. No.2 immediately and remaining amount will be paid in further six months.

Patna High Court CR. MISC. No.69220 of 2019(2) dt.26-02-2020 2/3 Learned counsel for the O.P. No.2 opposes the prayer for bail of the petitioner.

From perusal of order dated 21.11.2017 passed in Cr. Misc. No. 41988 of 2017 that petitioner was granted anticipatory bail on the submission that petitioner had already transferred money on the direction of the informant in various heads.

From perusal of order dated 20.02.2017 passed in Cr. Misc. No. 43421 of 2018 that anticipatory bail of the petitioner was cancelled on the ground that the statement was given by O.P. No.2 by way of affidavit that he had never directed to the petitioner to transfer the amount to anyone.

From perusal of order dated 22.07.2019 passed in Special Leave to Appeal (Crl.) No. 6173 of 2019, it appears that Hon'ble Supreme Court also on perusal of the relevant document, declined to interfere with the cancellation order dated 20.02.2017 passed in Cr. Misc. No.43421 of 2018, which was challenged by the petitioner.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I am not inclined to grant bail to the petitioner.

Accordingly, this application is rejected.

Patna High Court CR. MISC. No.69220 of 2019(2) dt.26-02-2020 3/3 However, in case petitioner surrenders before the Court below and files an application for grant of bail, the same shall be considered and disposed of on the same day, if possible. (Arvind Srivastava, J) S.Katyayan/- U T