Amar Verma @ Amarnath Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78487 of 2024 Arising Out of PS. Case No.-485 Year-2024 Thana- BUXAR District- Buxar ====================================================== Amar Verma @ Amarnath Verma Son Of Rajendra Verma @ Rajendra Prasad Verma Resident Of Mohalla - Bangalaghat P.P. Road Buxar, P.S.- Buxar Town, District - Buxar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Prakash Singh S/o- Anil Singh, R/o- Mohalla- Nalband toli, Vishwamitra Marg, Ward No-15 Buxar, P.S.- Buxar Town ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP For the Informant :
Mr. Shanti Bhushan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 406 and 34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner demanded rupees thirty lakh for extending his business on this the informant told that he will provide the cash after asking his father. It is further alleged that jewellery of 12 lakh and rupees 12 lakh in cash were given to the petitioner before the witnesses Sagar Verma and Shashi Ranjan and one agreement was also executed by the petitioner in favour of informant. It is also
Patna High Court CR. MISC. No.78487 of 2024(4) dt.06-02-2025 2/3 alleged that after a month, the petitioner returned rupees five lakh before Sagar Verma and that was endorsed on the agreement paper.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He further submitted that as per the case of the prosecution, the articles and cash were handed over to him on an agreement if that is treated to be true then also in view of the agreement, the remedy before the informant is that he should file a money suit. As the cash has been handed over to the petitioner through an agreement it simply shows that the intention of the petitioner was not mala fide at the time of inception of the agreement. Moreover, the petitioner is languishing in judicial custody since 03.09.2024.
5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail. Learned counsel for the informant has submitted that it is the habit of the petitioner to take cash from others and afterward denies to pay the same. It is a case of criminal breach of trust.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.78487 of 2024(4) dt.06-02-2025 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buxar Town P.S. Case No. 485 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. at Buxar. (Ashok Kumar Pandey, J) Shubham/- U T