Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73435 of 2024 Arising Out of PS. Case No.-421 Year-2023 Thana- GORAUL District- Vaishali ====================================================== 1.

Pankaj Kumar S/o- Ravi Bhushan Pd. Yadav Resident Of VillageChakauliya,Ps- Goral, Kathara OP, Dist- Vaishali 2.

Rajeev Kumar @ Rajeev Kumar Yadav Son of Ganga Prasad Yadav Resident Of Village-Chakauliya,Ps- Goral, Kathara OP, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the State :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code.

3. The allegation in the FIR is that the informant had paid an amount of Rs. 6 lacs to the petitioners on the ground that they had allured him that the informant and his brother would both be given a job.

4. At the outset, learned counsel for the petitioners submits that the present FIR has been lodged after a delay as the date of the occurrence is said to be 27.03.2023, whereas the present case came to be filed on 05.10.2023. It is further

Patna High Court CR. MISC. No.73435 of 2024(5) dt.01-07-2025 2/2 submitted that as a matter of fact, the money transaction between the petitioners and the informant is due to a business transaction and Annexure-P/2 substantiates the same. It is next submitted that the petitioners are businessmen having no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the fact that the very purpose of giving the money as indicated in the FIR is not legal and the matter arises out of some business transaction, I am inclined to grant the privilege of anticipatory bail to the petitioners. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Goraul P.S. No. 421 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

(Soni Shrivastava, J) divyanshi/- U T