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Patna High CourtCR. MISC./1632/2023allowed

Alok Kumar @ Alok Shankar v. The State Of Bihar

2023-04-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1632 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Alok Kumar @ Alok Shankar S/O Jagat Kishore Sharma R/O- House No. 447, Bhoothnath Road, Bahadurpur Housing Colony, P.O.- Bahadurpur, P.S.- Agamkuan, Distt- Patna, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manu Tripuri, Advocate Mr. Prashant Bhardwaj, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 409 and 34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner has taken amount of Rs. 48 lakh for installation of medical equipment from the informant but he only installed the medical equipment worth Rs. 6 lakh.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.1632 of 2023(3) dt.06-04-2023 2/2 He submits that the allegation levelled against the petitioner is baseless and from different Annexures it shows that the petitioner has installed medical equipment of Rs. 51 lakh. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant oppose prayer for anticipatory bail. Considering the facts and circumstances of the case, arguments of the parties and the fact that there is business dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Begusarai (Town) P.S. Case No. 103 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T