Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65032 of 2024 Arising Out of PS. Case No.-921 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== Gopal Kumar Pandey Son of Nagendra Pandey Resident of Village- Hathiyawan, P.S - Sheikhpura, Dist- Sheikhpura ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Vaishnavi Singh, Adv. For the Opposite Party/s : Ms.Rita Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 5 04-04-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Gandhi Maidan P.S. Case No. 921 of 2023 instituted under Sections 379/ 420 of the Indian Penal Code.
3. As per the prosecution case, one Deepak Kumar, Chairman of EXALT educational Trust through Manchan Paswan and Sagar @ Rahul placed order for food grains from petitioner’s rice mill. After payment of Rs. 50,00,000/- when the informant asked for receipt from Manchan Paswan and Sagar Kumar, they did not provide him. Later he came to know that Sagar Kumar @ Rahul has switched off his phone and has fled away.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.65032 of 2024(5) dt.04-04-2025 2/3 that the petitioner is innocent and he has falsely been implicated in the present case. One Amit Sharma was regular customer of the petitioner and he placed the order of the food grains which was required by the informant. The petitioner had supplied food grains worth Rs. 54,00,000/- for which the petitioner received a payment of only Rs. 50,00,000/- from Amit Sharma and Rs. 4,00,000/- is due till now.
5. Learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail.
6. Having heard learned counsel for the parties and further considering the fact that the petitioner has already supplied the said food grains required by the informant and regarding this he has annexed the GST bills as Annexure ‘2’ of this petition which relates to total amount of Rs. 54,00,000/- and there is receiving of one Mr. Amit Sharma who is staff of the informant, keeping in view the aforesaid facts, this Court is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four weeks from the date of receipt of a copy of this order and in the event of his arrest or surrender in connection with Gandhi Maidan P.S. Case No. 921/2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each
Patna High Court CR. MISC. No.65032 of 2024(5) dt.04-04-2025 3/3 with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
tusharika/- (S. B. Pd. Singh, J) U T