Sadan Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45274 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Sadan Mohan Prasad Son Of Late Rameshwar Lal R/O Gandhi Setu Colony, Bajrangpuri, Gai Ghat Near Excise Tax, P.S.- Alamganj, District- Patna 2.

Sant Prakash Son Of Late Raj Nandan Prasad R/O Gandhi Setu Colony, Bajrangpuri, Gai Ghat Near Excise Tax, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 406 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation

Patna High Court CR. MISC. No.45274 of 2022(3) dt.12-12-2022 2/2 levelled against the petitioners. He submits that money transaction dispute between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State as well as learned counsel for the complainant opposes the prayer for bail and submits that the money was given to the petitioners but petitioners are not ready to return the amount to the complainant. Considering the allegations against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail in connection with Complaint Case No. 37(C) of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T