PATNA HIGH COURT
AMIT KUMAR PANDEY
Cr.Misc.-61094/2023
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61094 of 2023 Arising Out of PS. Case No.-430 Year-2023 Thana- ARA NAGAR District- Bhojpur ======================================================
Amit Kumar Pandey Son Of Late Mahendra Pandey R/O Village - Ashirwad Bhawan, Anand Nagar, Ram Bag, Ps- Ara Town, Dist- Bhojpur At Ara ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Ms. Sucheta Yadav For the Informant : Mr. Ataul Haque ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
9 26-02-2026 Heard the learned counsel for the petitioner, the learned APP for the State, and the learned counsel for the informant.
2. The petitioner apprehends arrest in connection with Ara Town P.S. Case No. 430 of 2023 registered for offences under Sections 467, 468, 120, 406 and 471 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is accused of cheating the informant.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submits that the petitioner has paid the entire amount in dispute to the informant.
5. Learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail. The learned counsel for the informant submits that Rs. 50,000/-
is still due from the petitioner.
6. I have heard the submissions of the parties and perused the case records. The total amount in dispute between the petitioner and the informant is Rs. 30 lakhs, out of which the petitioner claims to have paid the entire amount, while the Opposite Party No. 2 disputes this.
7. In these circumstances, the application is allowed.
8. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Ara Town P.S. Case No. 430 of 2023 subject to the conditions as laid down under Section 482(2) of the BNSS and with further condition that:-
(I). At the time of furnishing the bail bonds, the petitioner shall produce a demand draft of Rs. 25,000/- in the name of the informant. The bail bonds shall be accepted only upon production of the aforesaid demand draft, which shall then be released in favour of the informant by the Court below. In default thereof, appropriate orders shall be passed by the Court below.
(Sandeep Kumar, J)
Shishir/- U T
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