Patna High CourtCR. MISC./9294/2024bail granted

Arun Kumar v. The State Of Bihar

2024-02-20Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9294 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- DIGHALBANK District- Kishanganj ====================================================== Arun Kumar S/O RAJKUMAR MAHTO @ KUMAHARA R/O MOHALLASANJAY GANDHI MAIDAN WARD NO 1,( DIGNAL BANK) P.S. DIGHAL BANK , DIST- KISHANGANG ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate.

Mr. Munish Om Prakash Singh, Advocate.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-02-2024 Heard Mr. Mrityunjay Kumar, learned counsel along with Mr. Munish Om Prakash, learned counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Dighalbank P.S. Case No. 81 of 2023 registered for the offence punishable under Sections 341, 323, 307, 379, 427, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the petitioner along with other accused persons entered into the shop of the informant and demanded Rs.20,000/- on account of sale of furniture by them.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.9294 of 2024(2) dt.20-02-2024 2/3 petitioner submitted that the petitioner is innocent and the allegation as alleged against him in the F.I.R. is not sustainable. So far as the allegation of assault is concerned, the petitioner has not assaulted anyone rather he had demanded the price of furniture which he had supplied to the shop of the informant. There is case and counter case between the parties. Learned counsel further informs that the parties have settled their dispute amicably.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having regard to the rival submissions made on behalf of the parties as well as the allegation made in the F.I.R., which primarily relates to business transaction and parties have settled their dispute amicably, considering the aforesaid fact, the petitioner is directed to file an affidavit along with settlement of their dispute before the District Court, in case such affidavit is filed, the District Court is directed to release the petitioner on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj in connection with Dighalbank P.S. Case No.

Patna High Court CR. MISC. No.9294 of 2024(2) dt.20-02-2024 3/3 81 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T