Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70685 of 2025 Arising Out of PS. Case No.-2330 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== ASHISH KUMAR Son of Late Pradeep Kumar @ Khokha Paswaan Resident of Village - Parghadi Ward No.- 02 Sabur, P.S.- Sabur, District - Bhagalpur, Pin - 813210.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Deepak Kumar Son of Shivendra Yadav Resident of Village - Lailakh, P.S.- Sabur, Dist.- Bhagalpur.

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

For the Petitioner/s :

Mr. Narendra Kumar Choubey For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2025

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, 323 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the complainant. It is next submitted that in sum and substance the allegation is that complainant alleges that for purchasing 3 kathas of land he had given Rs.6 lacs to the petitioner, out of which, some amount was credited in his account but the land was not registered in his

Patna High Court CR. MISC. No.70685 of 2025(2) dt.04-11-2025 2/3 favour.

4. Learned counsel for the petitioner submits that complainant in the complaint alleges that in between 2011 to 2017, he had transferred an amount of Rs.6 lacs but then from perusal of the complaint petition, it would manifest that the same does not even remotely discloses the land which the complainant intended to purchase. It is also submitted that in the event if what is being alleged by the complainant is true, in that event, he has a remedy before an appropriate Court of civil jurisdiction where petitioner will also get an opportunity to rebut his submission but then the complainant instead of resorting to the procedure envisages under the law has filed a criminal case in order to coerce the petitioner into submission so that petitioner under fear of arrest parts with the fanciful demand of the complainant.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.70685 of 2025(2) dt.04-11-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.2330/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T