Aashit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14369 of 2023 Arising Out of PS. Case No.-504 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== Aashit Kumar Singh, Son of Late Dinesh Prasad Singh, Resident of Village - Sultanpur Bhitthi, P.S.- Sabour, District - Bhagalpur. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2023 At the outset, learned counsel for the petitioner seeks permission to expunge the name of O.P. No. 2 from the array of parties on his own risk.

Permission is granted.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Sabour P.S. Case No. 504 of 2022 registered for the offences punishable under Sections 406, 420, 419 of the Indian Penal Code. He has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, the informant has advanced a sum of Rs.2 lakhs to the petitioner on 18.11.2022 for purchase of land but thereafter the petitioner did not abide by his agreement and

Patna High Court CR. MISC. No. 14369 of 2023(2) dt.18-05-2023 2/3 when the informant met the petitioner, he abused and threatened the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no criminal antecedent.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein from the first information report itself it is appearing that the informant has advanced a sum of Rs.2 lakhs to the petitioner for purchase of land but thereafter the allegation is that the petitioner is not abiding by his agreement, in the nature of the allegations, this Court deems it just and proper to direct that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Sabour P.S. Case No. 504 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. And further condition that the court below shall verify

Patna High Court CR. MISC. No. 14369 of 2023(2) dt.18-05-2023 3/3 the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T