Kundan Kumar @ Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79425 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Kundan Kumar @ Kundan Yadav S/o Binod Yadav @ Vinod Yadav R/o Village- Garhpar, P.S.- Bihar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and Mr. Arun Kumar Singh, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laheri P.S. Case No. 131 of 2024 instituted for the offence under Sections 341, 420, 506, 34, 354(B) of the Indian Penal Code.

3. The case of the prosecution is that one Sonu Kumar has taken Rs.1,00,000/- (Rupees One Lakh) from the informant and when the informant demanded her dues, Sonu Kumar made him to talk to this petitioner. The petitioner told the informant that he will return the dues on 25.02.2024. It is further alleged that when the informant called the petitioner for the dues, he did not paid it and disconnected the call. It is alleged that he was sending obscene messages on the mobile of the informant.

4. During course of the argument, learned counsel for the appellant has submitted that from perusal of the FIR itself it is

Patna High Court CR. MISC. No.79425 of 2024(2) dt.28-11-2024 2/2 clear that the petitioner had told on the mobile phone in place of Sonu Kumar that he will return the money but the petitioner has not taken the money from the informant then how will he return the money. The petitioner was introduced to the informant by one Sonu Kumar. It is further submitted that the petitioner is having clean antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Laheri P.S. Case No. 131 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T