Sanjay Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82870 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Sanjay Kumar Gupta S/O LAKSHMI PRASAD GUPTA RESIDENT OF VILLAGE- ADARSH GRAM ROAD NO. 1, KOLHUA PAIGAMBERPUR, P.S. AHIYAPUR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur For the Opposite Party/s :
Mr. Gauri Shankar Gupta Mrs. Madhubala Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code and 138 of N.I. Act.
3. Allegedly, the petitioner took Rs.30,00,000/- from the informant as loan for the purpose of purchasing land. It is alleged that the petitioner did not returned the money to the informant and gave a cheque which got bounced.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. He further submits that it is a
Patna High Court CR. MISC. No.82870 of 2023(2) dt.09-01-2024 2/2 civil dispute/money dispute between the parties. Petitioner has no criminal antecedent.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, let the above named petitioner, be released on bail, in the event of his/her 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 Brahampura P.S. Case No.99 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T