Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83041 of 2024 Arising Out of PS. Case No.-350 Year-2019 Thana- GOPALPUR District- Patna ====================================================== Vinay Kumar S/O Shiv Bachan Rai Resident of Village - Ilahibagh, P.SGopalpur, District - Patna, Bihar PIN- 800007. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shashikant S/O Shri Nikhilesh Kumar Office at 315, Maharaja Kameshwar Complex, Frazer Road, P.S- Kotwali, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhukar Mohan, Advocate For the Opposite Party/s :
Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gopalpur Patna P.S. Case no. 350 of 2019 instituted for the offence under Sections 147, 148, 406, 420, 504, 506 and 341 of the Indian Penal Code.
3. The case of the prosecution based on complaint is that the complainant has given Rs. 50 lakhs to Shiv Bachan Rai, father of the petitioner for purchasing of piece of land. It is further alleged that when he requested to execute the sale deed, they did not pay heed. It is further alleged that on 14.11.2019,
Patna High Court CR. MISC. No.83041 of 2024(2) dt.12-12-2024 2/3 the complaint was being abused and was threatened.
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner has submitted that from perusal of the agreement of token money and from agreement to sale, it will transpire that he is not a party in both of the agreement. Neither he is witness nor he has taken money from the complainant. Money, if any, has been taken by his father.
5. Learned APP appearing for the State 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 Gopalpur Patna P.S. Case no. 350 of 2019, 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 Judicial Magistrate, 1st Class, Patna, subject to the conditions as laid down under
Patna High Court CR. MISC. No.83041 of 2024(2) dt.12-12-2024 3/3 section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Jagdish/- U T