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Patna High CourtCR. MISC./2494/2023bail granted

Vipin Kumar v. The State Of Bihar

2023-06-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2494 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== VIPIN KUMAR S/O SURESH RAI R/V- BEDAUL, P.S.- AURAI, DISTRICT- MUZAFFARPUR ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420 of the Indian Penal Code.

It is alleged that this petitioner along with other coaccused persons had started the business of poultry farm and as per the agreement they did not sell the hen to the informant and sold it to others and disappeared and thus they have cheated the informant of Rs. 4,82,400.

It is submitted on behalf of petitioner that petitioner

Patna High Court CR. MISC. No.2494 of 2023(2) dt.19-06-2023 2/3 has not entered into an agreement of business of poultry farm. As a matter of fact the petitioner and informant as well as other accused persons are known to each other and they jointly started business of poultry farm but subsequently business failed, there after some dispute arose between the party in accountancy and only on account of the said dispute, the informant has registered the instant case with a concocted story . There is no written agreement between the party. Petitioner was guarantor. Similarly situated one co-accused namely Lakshemshwar Singh has already been granted anticipatory bail by the learned Sessions Judge, Sitamarhi vide A.B.P No. - 1399 of 2022 dated 24.06.2022.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case and nature of dispute in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Sitamarhi in connection with Runnisaidpur P.S. case no 179 of 2022, subject to the conditions laid down under

Patna High Court CR. MISC. No.2494 of 2023(2) dt.19-06-2023 3/3 section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T