Vijay Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21200 of 2021 Arising Out of PS. Case No.-615 Year-2020 Thana- FATUA District- Patna ====================================================== 1.

VIJAY SHANKAR SINGH Son of Late Ram Chandra Singh Resident of Village - Samaspur, P.s.- Nadi, Distt.- Patna. 2.

Ravi Shankar Singh Son of Late Ram Chandra Singh Resident of Village - Samaspur, P.s.- Nadi, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Fatuha P.S. Case no. 615 of 2020 instituted for the offence under Sections 420, 406, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioners is that they have assaulted the informant causing injury and opened fire and also

Patna High Court CR. MISC. No.21200 of 2021(2) dt.21-12-2021 2/3 demanded extortion money from the informant.

It is submitted on behalf of the petitioners that they are quite innocent and have committed no offence. In fact petitioners have falsely been implicated in this case. The fact is that the petitioners are themselves victim at the hand of the informant. Informant is a land broker and he started mediating for the said land in between the owner Smt. Kanti Devi and the proposed buyers i.e. the petitioners. In doing so, he took Rs. 40,00000/- (Forty lakhs) through RTGS/NEET/Cheques from the petitioners. Out of which he took about Rs. 9,80,000/- in his firm accounts i.e. Jai Mata Enterprises to execute an agreement for sale. But the informant himself played fraud and got the agreement for sale done in his own name and when the petitioners protested this false case has been lodged against them. The matter relates to civil dispute. There is case and counter case.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a

Patna High Court CR. MISC. No.21200 of 2021(2) dt.21-12-2021 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Fatuha P.S. Case no. 615 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Patna City (Patna) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U