Suresh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6998 of 2025 Arising Out of PS. Case No.-253 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== Suresh Thakur S/O Yadunandan Thakur R/O Village- Nava Bigha, P.SParaiya, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyaveer Jha For the State :
Dr. Indiwar Kumari Mr. Ravi Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chandauti Police Station Case No. 253 of 2023, dated 26.04.2023, disclosing offences under Sections 406/420/120(B)/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that 4.557 decimal of land bearing Khata No. 309, Plot No. 1656 for a consideration amount of Rs. 47,00,000/- was to be conveyed to the informant, as per agreement entered into between the petitioner and the informant. It has further been alleged that an amount of Rs. 1,11,000/- was given in cash by the informant in favour of the
2/4 petitioner, amount of Rs. 26 Lakhs has been transferred through RTGS and 5 cheques of Rs. 4 Lakh each and 4 cheques of Rs. 5 Lakh each were given to the petitioner which got dishonoured. The land, in question, was not conveyed in favour of the informant by the petitioner and other accused persons.
4. Learned counsel for the petitioner submits that in fact, the petitioner was not the land owner and he entered into an agreement with the land owner, namely, Ramjeet Rai, and on that basis, the petitioner entered into an agreement with the informant for sale of the said land. He further submits that a sum of Rs. 20 Lakh was transferred into the account of Ramjeet Rai, the land owner. A Co-ordinate Bench of this Court granted anticipatory bail to the coaccused Ramjeet Rai in Cr. Misc. No. 82044 of 2023 on 04.01.2024, subject to refund of Rs. 20,00,000/- in favour of the informant by co-accused Ramjeet Rai. He nexts submits that the petitioner has only received a sum of Rs. 1,11,000/- in cash which the petitioner is ready to return in favour of the informant in two equal installments. Apart from Rs. 1,11,000/- no amount has been received by the petitioner. The other co-accused persons, namely,
3/4 Bachchu Yadav @ Vishal Kumar, Satyendra Kumar @ Satendra Kumar and Shambhu Yadav @ Shambhu Kumar have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. Nos. 68793 of 2023, 20628 of 2024 and 12365 of 2024, respectively.
5. On the other hand, learned counsel for the informant opposes the prayer for anticipatory bail and submits that at the direction of the petitioner and Shambhu Yadav, a sum of Rs. 5,00,000/- was transferred in the account no. 0694610000678, so provided, through RTGS.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is ready to refund a sum of Rs. 1,11,000/- to the informant and the similarly situated co-accused Shambhu Yadav and others have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail, subject to the condition that the petitioner shall return the sum of Rs. 1,11,000/- in favour of the informant in two equal installments, out of which, the first installment of Rs. 55,000/- shall be paid to the informant by the petitioner before furnishing bail bond and a receipt of the payment
4/4 shall be produced before the concerned Court at the time of surrender and the second installment of Rs. 55,000/- shall be paid within a period of one month from the date of payment of first installment.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Gaya, in connection with Chanduati Police Station Case No. 253 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and conditions laid down in paragraph-6 of this application.
(Anil Kumar Sinha, J) ashwani/- U T