Raju Mistri @ Om Prakash @ Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1807 of 2024 Arising Out of PS. Case No.-407 Year-2023 Thana- DOBHI District- Gaya ====================================================== Raju Mistri @ Om Prakash @ Om Prakash Kumar S/o- Late Chandrip Das R/o village - Dobhi, P.S.- Dhobi, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nikhilesh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, A.P.P.
For the Informant :
Mr. Praveen Kumar, Advocate Mr. Raju Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 420 and 506 of the Indian Penal Code.
3.
As per prosecution case, this petitioner misappropriated Rs. 8,35,000/- from the informant pursuant to an agreement which was prepared on 16.09.2022.
4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it is apparent that the dispute is of civil nature. He further submits that for the same offence, informant has earlier filed another case bearing Complaint Case No. 305 of 2023 against the petitioner before the Additional
Patna High Court CR. MISC. No.1807 of 2024(2) dt.07-02-2024 2/2 Chief Judicial Magistrate, Sherghati, Gaya which was dismissed on 16.08.2023.
5. Learned counsel for the informant vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Dobhi P. S. Case No. 407 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T