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Patna High CourtCR. MISC./13676/2025bail granted

Sarvan Sai v. The State Of Bihar

2025-05-12Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13676 of 2025 Arising Out of PS. Case No.-806 Year-2024 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Sarvan Sai S/O Late Sulman Sai Resident of Village- Hansrajpur Khurd, P.SBaniyapur, Distt.- Chapra (Saran). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shaurun Nisha W/O Sultan Ahmad R/O Village- Pragati Gra, Ward No.-18, Post and P.S- Darjeeling P.B Gurung Road, Distt.- Darjeeling. At present R/O Village- Hansrajpur, P.S- Baniyapur, Distt.- Saran, Current AddressR/O Village- Pucchari, Ward No.-2, P.S- Baniyapur, Distt.- Chapra (Saran). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nalin Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323 and 420 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the petitioner on pretext that he will get sale deed executed with respect to a piece of land, cheated the complainant of Rs. 2,15,000/-.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.13676 of 2025(3) dt.12-05-2025 2/2 complainant. It is next submitted that there is no agreement for sale on record and the complainant, instead of instituting a criminal case, ought to have moved before a Court of competent civil jurisdiction for getting the sale deed cancelled executed with respect to the land for which he claims to have parted with Rs. 2,15,000/- so that petitioner could have rebutted his claim before the Court of competent civil jurisdiction, but then the instant criminal case has been instituted in order to coerce the petitioner into submission.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 806 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T