Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15248 of 2025 Arising Out of PS. Case No.-433 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.

Ashok Kumar Son of Shyama Prasad Yadav @ Late Shyama Prasad Resident of Morcha Road, Begampur, P.S.- Chowk, Distt.- Patna 2.

Shubhash Kumar Son of Ashok kumar Resident of Morcha Road, Begampur, P.S.- Chowk, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajan Keshari Son of Late Raghunath Keshari Resident of MohallaDalhatta, P.O.- Marufganj, P.S.- Chowk, Patna City, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in Chowk P.S. Case No. 433 of 2023 registered under Sections 406 & 420 of the Indian Penal Code.

3. According to allegation, the informant paid consideration money to co-accused Vikash Kumar but he did not execute the sale deed. Vikash Kumar stated the informant that he would execute the sale deed as and when the petitioners who are the father and the son, would execute the sale deed in favour of Vikash Kumar.

4. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.15248 of 2025(9) dt.01-11-2025 2/2 there was no direct transaction between the informant and the present petitioners. The alleged transaction is between the informant and the co-accused Vikash Kumar. He submitted further that as a matter of fact, Vikash Kumar not only cheated the informant but also cheated the petitioners by not making consideration money to the petitioners for execution of the sale deed.

5. Learned APP has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna City in connection with Chowk P.S. Case No. 433 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of BNSS, 2023.

(Nawneet Kumar Pandey, J) A.K.V.//- U T