Ram Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81013 of 2024 Arising Out of PS. Case No.-246 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Ram Kumar Singh Son of Subash Singh @ Subhash Singh Resident of village- Madipur, P.s.- Phulwaria, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashok Ram Son of Late Badari Ram R/O Vill.- Amtha Khaim, P.S.- Mirganj, Dist.- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar Dubey, Advocate For the State :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 316(2), 318(4), 352 and 351(2) of the B.N.S..

3. As per prosecution case, it is alleged that in total, this petitioner took Rs. 3,25,000/- from the informant and others in lieu of sending them abroad but failed to do so and thereafter when they asked the petitioner to return the same, he abused them and denied to return the money.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has

Patna High Court CR. MISC. No.81013 of 2024(3) dt.23-01-2025 2/3 committed no offence. Petitioner and informant are co-villagers and due to a petty dispute this false and concocted case has been lodged in order to extort money. It is further submitted that as per F.I.R., date of alleged occurrence is 25.09.2020, however, F.I.R. has been lodged after delay of four years on 31.08.2024 and there is no plausible explanation for the same. Moreover, there is no chit of paper on record to support the allegations levelled against this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned A.C.J.M. XVIth, Gopalganj, in connection with Phulwaria P.S. Case No. 246 of 2024, subject

Patna High Court CR. MISC. No.81013 of 2024(3) dt.23-01-2025 3/3 to condition as laid down under Section 482 of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T