Ravindra Kumar @ Ravindra Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82914 of 2023 Arising Out of PS. Case No.-323 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.
Ravindra Kumar @ Ravindra Kumar Sharma Son Of Late Ramphal Sharma R/O Village- Sakra Mansurpur, P.S.- Sakra, District- Muzaffarpur 2.
Aditya Kumar @ Aditya Raj Son Of Ravindra Kumar R/O Village- Sakra Mansurpur, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP For the Informant :
Mr. Ajit Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Kudhani P.S. Case No. 323 of 2023 dated 01.07.2023, instituted for the offence punishable under Sections 341, 323, 384, 504, 506, 406, 420/34 of the Indian Penal Code.
3. Allegation against the petitioner no. 1, is that, he took loan of Rs. 23,85,000/- from the informant on pretext of starting a business out of which they returned Rs. 13,00,000/- to the informant and rest i.e. Rs. 10,85,000/-, they did not return. When the informant went to his house for rest of the money, he was assaulted and threatened.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in
Patna High Court CR. MISC. No.82914 of 2023(2) dt.10-01-2024 2/3 this case. It is further submitted that informant made a payment of money to the petitioner no.1 on different dates. As per the allegation Rs. 10,85,000/- is due upon the petitioner no.1. It is submitted that the petitioners have also filed Complaint Case No. 2627 of 2023 on 19.07.2023 against the opposite party i.e. informant. It is submitted that agreement dated 04.03.2021 entered into for sale with the informant. Opposite party no. 2 has accepted to have received a sum of Rs. 11, 21,000/- as earnest money out of Rs. 25,06,000/- on 04.03.2021. It is further submitted that on enquiry, the petitioners came to know that opposite party no. 2 has already sold the land to other persons. Petitioner no. 2 (son of petitioner no. 1) has been implicated in this case because of his relationship with the petitioner no. 1. Lastly, it has been submitted that they have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Kudhani P.S. Case No. 323 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.82914 of 2023(2) dt.10-01-2024 3/3 (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Muzaffarpur (West), subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T