Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27878 of 2021 Arising Out of PS. Case No.-468 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== UMESH RAI Son of Late Raja Ram Rai Resident of Village - Rampur, P.S. - Naubatpur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baleshwar Prasad Son of Kishori Sah Resident of -Shanti Niwas, Anand Path, Bhikhachak, P.O. - Anishabad, P.S. - Gardanibag, District - patna, Pin No. -800002.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Sinha For the Opposite Parties :

Md. Mushtaque Alam Mr. Bimal Kumar Jha Mr. Virendra Kumar Mr. Bam Bahadur Jha Mr. Sushil Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner, learned counsel for the complainant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 465, 468 & 471/34 of the Indian Penal Code.

3. The accusation against the petitioner is that he sold certain piece of land to complainant by registered deed of sale declaring it free from any defect. However, later on, it came to light that the said land had already been acquired by the Government of Bihar in 1980s and father of petitioner had

Patna High Court CR. MISC. No.27878 of 2021(7) dt.29-06-2022 2/3 received compensation against acquisition and this fact was known to the petitioner and he thereby cheated the complainant.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The petitioner is bona fide owner of the land and he has validly executed the sale deed in favour f complainant after receiving consideration money. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no criminal antecedent.

5. After some arguments, learned counsel for the petitioner submitted that the petitioner is ready to pay Rs.2,60,000.00 (Rupees Two Lakhs Sixty Thousand) in two equal installments. First installment of Rs.1,30,000.00 will be paid to complainant at the time of furnishing bail bond and two months thereafter the rest amount of Rs.1,30,000.00 will be paid to the complainant by the petitioner.

6. Having regard to the facts and circumstances of the case, 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. 20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.27878 of 2021(7) dt.29-06-2022 3/3 the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Danapur, Patna in connection with Complaint Case No. 468 (C) of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. If the petitioner fails to abide by his undertaking as given in paragraph-5 of this order, the complainant would be at liberty to move before the learned Court below for cancellation of bail bond of the petitioner.

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