Amir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4602 of 2024 Arising Out of PS. Case No.-2160 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Amir Alam S/O- Khushi Alam Vill- Dhokraha, P.O. - Dhokraha, P.S. - Manjhaulia, District - West Champaran, Bettiah ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ajay Kumar son of Late Kishnath Sah R/o- Majhauliya Ps- Majhauliya DistWest Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kiran Kumari Sharma, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP For the Complainant :
Mr. Rishabh Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2024 Heard Ms. Kiran Kumari Sharma, learned counsel for the petitioner, Mr. Rishabh Gupta, learned counsel appearing on behalf of the complainant as well as Mr. Ahmad Ali, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Bettiah Complaint Case No. 2160 of 2022 for the offences punishable under Sections 420, 323, 504 and 506 of the Indian Penal Code.
3. According to prosecution case, this petitioner has purchased jewellery of Rs. 2,95,300/- from the complainant and paid only Rs. 1,05,000/- and did not paid the remaining amount.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.4602 of 2024(3) dt.21-03-2024 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offences as alleged in the complaint petition.
5. Pursuant to the direction of this Hon'ble Court, learned counsel for the complainant has filed a detailed counter affidavit stating therein that the petitioner had purchased jewellery worth Rs. 2,95,300/- (Two lakhs ninty five thousand and three hundred) on 01.07.2022 and 02.07.2022 and paid Rs. 1,00,000/- (One lakh) on 01.07.2022 and Rs. 5,000/- (Five thousand) on 02.07.2022 i.e. altogether he has paid Rs. 1,05,000/- (One lakh and five thousand) to the complainant and the remaining amount of Rs. 1,90,300/- (One lakh ninty thousand and three hundred) is due till date.
6. The learned counsel appearing on behalf of the complainant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances and the allegation as alleged in the complaint petition, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Bettiah Complaint Case No. 2160
Patna High Court CR. MISC. No.4602 of 2024(3) dt.21-03-2024 3/3 of 2022 pending in the court of District and Sessions Judge, Bettiah, West Champaran.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Vanisha/- U T