Krishna Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14753 of 2025 Arising Out of PS. Case No.-1445 Year-2024 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Krishna Murari, S/o Late Chandra Shekhar Prasad Singh, R/o VillageFatehpur, PS- Didarganj, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushboo Chaudhary, wife of Sanjeev Kumar @ Sanjeev Kumar Chaudhary, Permanent Resident of Bhupatipur Dhelwa Mor, Police StationKrishna Nagar, District-Patna, presently residing at C-103, Deep Enclave Ichhapur-3, Hazira Road, VTP, Bhataha, P.O.-Bhataha, P.S.-Ichhapur, District- Surat, State-Gujrat ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Anil Kumar Singh, Advocate For the Complainant :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complainant Case No. 1445C of 2024 registered for the offences punishable under Sections 420, 406, 467, 468, 471, 452, 384, 120(B)/34 of the IPC and Section 138 of the N.I. Act.

3. As per the complaint case, the petitioner who is known to brother-in-law of complainant had introduced the complainant to his brother Kanhaiya Ji for purchase of land for which agreement was made and later on sale deed was executed

Patna High Court CR. MISC. No.14753 of 2025(2) dt.02-04-2025 2/3 by co-accused Devnandan Rai in favour of the complainant on payment of Rs. 28,65,500/- however sale consideration was shown as Rs. 11,05,000/- to save stamp duty and her name was also mutated in the revenue record and she is paying rent to the State Government for the land purchased. However, the land is under the control and possession by other person and was previously sold to other persons. Co-accused Kanhaiya Ji returned Rs. 5 lacs and issued three cheques for Rs. 18,65,500/- in favour of complainant but the same on presentation were returned dishonored.

4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is a government servant and he has committed no offence. The petitioner is colleague of the brother-in-law of the complainant and due to that reason he introduced the complainant with co-accused and he has no knowledge about the payment and execution of the sale deed. The petitioner has never received any amount from the complainant. There is no specific allegation against the petitioner that he has sold the land to complainant and is anyhow beneficiary to the transaction. Except being witness to the agreement wherein the coaccused had agreed to return the said amount the petitioner has no concern with transaction between complainant and other co-

Patna High Court CR. MISC. No.14753 of 2025(2) dt.02-04-2025 3/3 accused persons. Petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation of the present case.

5. Learned counsel for the complaint opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has assured the complainant that the paid amount by the complainant to co-accused Kanhaiya Ji will be returned by the said accused and in this regard an unregistered agreement was executed between co-accused Kanhaiya Ji and the complainant in which the petitioner has also signed as witness.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Complaint Case No. 1445C of 2024, subject to the conditions as laid down under Section 482

(2) of the B.N.S.S.

(Sunil Dutta Mishra, J) khushbu/- U T