Rakesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85200 of 2023 Arising Out of PS. Case No.-573 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Rakesh Kumar Jha S/o Late Jagannath Jha R/o Road No 2, Jai Prakash Nagar, Paighambarpur, Kolhua, P.S-Ahiyapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prafull Chandra Jha For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 120B and 34 of the Indian Penal Code.

3. Allegedly, the petitioner took consideration amount from the informant in order to execute a sale deed in favour of the informant. An agreement was executed between the parties and informant paid Rs.3,50,000/- to the petitioner but the petitioner did not executed the sale deed.

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. He submits that Rs.3,50,000/- was paid to the petitioner by one Kajal Kiran and

Patna High Court CR. MISC. No.85200 of 2023(2) dt.16-01-2024 2/2 not by the informant. He further submits that the petitioner has already returned the said amount to Kajal Kiran, details of which is mentioned in para-9 of the bail application. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as this is a case of civil dispute/money dispute between the parties, 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 Sadar P.S. Case No.573 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