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Patna High CourtCR. MISC./73407/2023bail granted

Bablu Kumar @ Raj Kishore Verma v. The State Of Bihar

2024-06-25Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73407 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== BABLU KUMAR @ RAJ KISHORE VERMA S/O SHRI DEV KUMAR @ JAY KUMAR SINGH RESIDENT OF VILLAGE MANJHOLI, P.S.- BIKRAM, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Sharma For the Opposite Party/s :

Mr. Binod Kumar Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Earlier, vide order dated 29.02.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report at flag 'M').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant / opposite party no. 2.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 406/420 of the Indian Penal Code.

4. As per F.I.R., the allegation against petitioner is that he took Rs. 4,45,000/- from the informant on the pretext of his

Patna High Court CR. MISC. No.73407 of 2023(4) dt.25-06-2024 2/3 treatment with assurance to return the same, but later, he refused to return the same and threatened to kill. It is further alleged that on 24.03.2023, when the accused persons including this petitioner met the informant in Dulhin Bazar market and informant demanded his money, they abused and assaulted informant, but anyhow informant could save his life.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. At no point of time, petitioner has received any money from the informant on the pretext of his treatment. He further submits that from perusal of F.I.R., it is apparent that this petitioner and others threatened informant on 24.03.2023, but informant has lodged this F.I.R. on 09.06.2023, without there being any plausible explanation of delay. He next submits that informant has not produced any chit of paper in support of his claim. Petitioner claims clean antecedent.

6. Learned counsel for the opposite parties vehemently opposed the prayer for anticipatory bail.

7. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.73407 of 2023(4) dt.25-06-2024 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur (Patna) in connection with Dulhin Bazar P.S. Case No. 198 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T