##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19674 of 2025

Arising Out of PS. Case No.-387 Year-2019 Thana- PATLIPUTRA District- Patna

======================================================

Arun Kumar S/o Late Brahma Singh R/o Village- Mathna Mal, P.S.- Chehra

Kala, District- Vaishali presently residing at Flat No.208, Arunodaya

Apartment, Mourya Path, P.G.S. More, Khagaul Road, Patna

... ... Petitioner/s

Versus

1. The State of Bihar Bihar

2. Manohar Kumar Singh S/o Mathuni Singh R/o vill- Chhatwara Rajdhan,

P.s.- Mahua, Distt.- Vaishali

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr.Natraj Verma, Adv.

For the Opposite Party/s : Mr.Nand Kumar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL ORDER

2 29-01-2026 Heard learned counsel for the petitioner, learned

counsel appearing on behalf of the O.P. No. 2 and learned A.P.P.

for the State.

2. The petitioner has made the following prayer in this

application :-

“That this is an application for

quashing the order dated 05.10.2024

passed in connection with Patliputra

P. S. Case No. 387/19, G.R. No.

7438/19 alleged to be punishable u/s

420, 406 and 506 of I.P.C. by the

learned Judicial Magistrate 1^st Class

Patna High Court CR. MISC. No.19674 of 2025(2) dt.29-01-2026

2/3

Patna, by which petition filed by the

petitioner for discharge from offence

u/s 420, 406 and 506 of the IPC has

been rejected.”

3. At the outset, learned counsel for the petitioner

submits that there is allegation of non payment of Rs.

13,14,999/- against the accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the

petitioner is not the land owner rather he is the introducer of the

land owner of the company. It has further been submitted that

during the bail application of the land owner, the entire amount

of Rs. 13,14,999/- has been refunded by the accused namely

Ram Dayal Prasad. Learned counsel for the petitioner thus

submitted that the grievance and the contention of the present

proceeding would amount to abuse of the process of law.

4. Considering the aforesaid submission, let notice be

issued to the Opposite Party No. 2 through both modes i.e.

registered cover with A/D as well as the ordinary process for

which requisites etc., must be filed within one week, failing

which this application shall stand dismissed without further

reference to the Bench.

5. List this case on 25.02.2026 at 2:15 P.M., after

appearance of the Opposite Party No. 2 or on receipt of service of

Patna High Court CR. MISC. No.19674 of 2025(2) dt.29-01-2026

3/3

notice, whichever is earlier, under the appropriate heading.

6. In the meantime, further proceeding of the learned

Court below in connection with Patliputra P. S. Case No.

387/2019, G.R. No. 7438/2019, shall remain stayed with respect

to the petitioner.

(Sourendra Pandey, J)

Gautam/-

U T