Amit Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 3798 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No. 9523 of 2021
    Arising Out of PS. Case No.-712 Year-2019 Thana- MOTIHARI TOWN District- East
                                       Champaran
 ======================================================

Amit Kumar Singh, Son of Late Nandan Singh @ Late Jivnandan Singh Resident of C/O Professor Shri Anil Anal, Mohalla New Agarwa Motihari, PO and PS - Motihari, District East Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :      Mr. PK Shahi, Senior Advocate with
                                 Mr. Arun Kumar, Advocate
 For the State            :      Mr. Navin Kumar Pandey, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

20.07.2021, which was allowed.

3. Heard Mr. PK Shahi, learned senior counsel along

with Mr. Arun Kumar, learned counsel for the petitioner and Mr.

Navin Kumar Pandey, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

Patna High Court CR. MISC. No.9523 of 2021 dt.29-07-2021

4. The petitioner apprehends arrest in connection with

Motihari Town PS Case No. 712 of 2019 dated 12.10.2019,

instituted under Sections 409, 420, 327 and 387 of the Indian

Penal Code.

5. The allegation against the petitioner is that he had

taken Rs. 25.40 lakhs from the complainant/informant but the

same was not returned and was invested in the petitioner buying a

flat for himself and later the parties came into a partnership and in

that also it is alleged that the petitioner had misappropriated Rs.

30.99 lakhs from the joint account and the remaining about Rs.

20.5 lakhs which was lying in the joint account, despite

Panchayati was not being returned to the complainant/informant

by the petitioner and further, that four trucks of the

complainant/informant, taken on hire by the petitioner were not

given their hiring charges. It has also been alleged that the

petitioner had threatened the informant with dire consequences.

6. Learned senior counsel for the petitioner submitted

that from the entire reading of the FIR, the case relates to money

dispute which is purely civil in nature and for which the criminal

proceeding is an abuse of the process of the Court. It was

submitted that there is nothing to indicate that there was any

criminal act involved as in the FIR itself, it was admitted that Patna High Court CR. MISC. No.9523 of 2021 dt.29-07-2021

there was a dispute among partners and most importantly, it has

been stated that whatever amount was remaining, was under a

Panchayati requiring to be returned by the petitioner to the

complainant/informant and it is not a case that the amount has

been withdrawn by the petitioner. Learned senior counsel

submitted that the present case was a counter to put up a defence

in view of Motihari Town PS Case No. 567 of 2019 filed by the

petitioner against the complainant/informant dated 12.08.2019

under Sections 409,341, 323 and 504/34 of the Indian Penal Code

which also relates to dispute regarding money between the two

sides and also other allegations of assault etc. It was submitted

that the present case being filed as a complaint which was later

sent to the police and converted into an FIR, itself goes to show

that it was a late reaction for countering the case filed much earlier

by the petitioner. Learned senior counsel submitted that against

the petitioner there are two complaint cases and one police case

and in one case, there has been a compromise, in the second case

the police has submitted final form against the petitioner not

sending him up for trial whereas in the third case, he is on bail.

7. Learned APP submitted there is allegation of

petitioner having embezzled the money of the Patna High Court CR. MISC. No.9523 of 2021 dt.29-07-2021

complainant/informant. However, it was not controverted that the

entire allegation relates to money dispute between the parties.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Motihari in Motihari Town PS

Case No. 712 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, and further, (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond and give undertaking with regard to good

behaviour of the petitioner and (iii) that the petitioner shall co-

operate with the police/prosecution and the Court. Any violation

of the terms and conditions of the bonds or the undertaking or

failure to co-operate shall lead to cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.9523 of 2021 dt.29-07-2021

action on the same after giving opportunity of hearing to the

petitioner.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T