Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16339 of 2024 Arising Out of PS. Case No.-3206 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sanjay Kumar Singh son of Dr. M.P Singh R/o- Flat No-609, Rameshwaram Apt., Bhoot Nath Road Ps- Agamkuan Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manish Kumar son of Shiv Nath Prasad Jaiswal Village- Mahendru PsSultanganj Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the State :

Mr. Navin Kumar Pandey For the O.P. No.2 :

Mr. Pratyush Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the O.P. No. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 of the Indian Penal Code and Section 138 of the N.I. Act.

3. As per prosecution case, it is alleged that the petitioner has taken consideration amount of Rs.13 Lakh form the O.P. No.2 for registration of sale deed in his favour, but not registered the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the learned Court below has taken cognizance against the petitioner under Section 138 of the N.I. Act. Petitioner has no

Patna High Court CR. MISC. No.16339 of 2024(5) dt.12-11-2024 2/2 criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the O.P. No. 2 opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that it is a civil/money dispute between the parties and learned Court below took cognizance under Section 138 of the N.I. Act, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 3206(C) of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The petitioner is directed to remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) anand/- U T