Raj Kumar Jha @ Manish Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10391 of 2023 Arising Out of PS. Case No.-955 Year-2021 Thana- BANKA District- Banka ====================================================== Raj Kumar Jha @ Manish Jha S/o Late Nityanand Jha R/o Village- Bahera, P.S.- Havali Kharagpur, Distt- Munger. At present residing at C/o Sudhakar Singh, Mohalla- Parvati Colony, Idgah Road, Babu Tola, P.S.- Banka, DisttBanka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Banka P.S. Case No. 955 of 2021, registered for the offences punishable under Section 420 and other allied sections of the Indian Penal Code.

As per the prosecution case, this petitioner took Rs. 5,50,000/- as an advance money out of total consideration money of Rs. 12,00,000/- from the informant to sell the land the description of which is in the FIR. It is further alleged that on 10.10.2020, the petitioner made an agreement to sell the alleged land to the informant after receiving Rs. 5,50,000/- as an advance amount, but the petitioner neither executed the sale

Patna High Court CR. MISC. No.10391 of 2023(2) dt.15-05-2023 2/3 deed nor returned the alleged amount. It is further alleged that when the informant demanded his money from the petitioner, petitioner issued a cheque in favour of the informant, but the same was dishonoured.

It is submitted that from bare perusal of FIR, it is apparent that the Zerbeyanama executed by the petitioner on 10.10.2020 does not bear the signature of the informant. Moreover, the date of occurrence is 10.10.2020, but the FIR has been lodged on 02.12.2021 there is delay of eight months without any explanation. Petitioner has already returned Rs. 4,15,000/- (Four lacs fifteen thousand) only to the informant through UPI on different dates and in support of that statement of transaction has been annexed as Annexure-2. Petitioner is ready to pay Rs. 1,35,000/- (Rs. One lakh thirty five thousand) only to the informant.

Counsel for the informant however vehemently opposed the prayer for bail.

In view of the undertaking given by the petitioner, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.10391 of 2023(2) dt.15-05-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 955 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:-. (i) Petitioner will pay Rs. 50,000/- through cheque to the informant before the court below at the time of furnishing bail bond.

(ii) Rest amount of Rs. 85,000/- in two installments within a period of six months and (iii) The aforesaid payment shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J) vinita/- U T