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Patna High CourtCR. MISC./5185/2023allowed

Prashant Kumar Sinha v. The State Of Bihar

2023-05-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5185 of 2023 Arising Out of PS. Case No.-866 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== PRASHANT KUMAR SINHA S/o Om Prakash Sinha R/o - Purbi Nand Gola, Patna City, P.S.- Malsalami, Distt- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dhananjay Kumar S/o Late Mathura Prasad Jaiswal R/o Rai Jai Krishna Road, Gurhatta, Patna City, P.S.- Khajekalan, Distt- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr.Priyanka Singh, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP.

Mr. Vishwa Mohan Prasad, Sr. Adv.

Mr. Ajay Prasad, Adv.

Mr. Ajit Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 409 of the Indian Penal Code.

Allegedly, petitioner is said to have committed theft of alleged printing machines.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner was appointed as Authorized Signatory in the company Sun Print and Packagers. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.5185 of 2023(2) dt.08-05-2023 2/2 specific rather general and omnibus in nature. There is admitted business dispute between the parties. Petitioner has criminal antecedents as mentioned in supplementary affidavit as well as in para-3 of this application.

Learned APP as well as learned senior counsel for the informant/complainant opposed the prayer for bail and submitted that there is allegation against the petitioner that he shifted the alleged printing machines from Malsalami to Ilahi Bag, which is also evident from the police report.

Having regard to the facts and circumstances of the case, as there is admitted 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 Complaint Case No. 866 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T