Maruti Mayank v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15333 of 2025 Arising Out of PS. Case No.-628 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== Maruti Mayank S/O Dr. (Professor) Lakshmikant Sahay, Resident of MohallaSahmir Takia, P.S.- Civil Lines, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mussarat Jahan D/O Syed Hasan R/O Road No. 1C, White House Compound, Gaya, P.S.- Rampur, Distt.- Gaya- 823001. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate Mr.Nawal Kishore Singh, Advocate Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP For the Informant :

Mr. Dhananjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-01-2026 Heard learned senior counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and learned counsel appearing for the informant.

2. The accused/petitioner apprehending his arrest in connection with Gandhi Maidan P.S. Case No. 628 of 2023 registered for the offences punishable under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. As per FIR, named co-accused persons executed a piece of land belongs to the informant by way of impersonation before Registrar.

4. It is submitted by Mr. Rajendra Narayan, learned

2/4 senior counsel appearing on behalf of the petitioner that the name of this petitioner transpired during the course of investigation as Rs. 14 lacs appears transferred to the account of this petitioner from the account of named co-accused, namely Saiyad Hassan, who sold the land of the informant by way of impersonation. It is submitted that realizing the mistake, the concerned Registrar cancelled the sale deed and even the purchaser also waived their claim over the land in question. In support of his submission, Mr. Narayan drawn attention of this Court towards Cr. Misc. No. 64771 of 2024 through which, one of the purchaser, namely, Md. Tarique Khan was granted bail by one of the learned co-ordinate Bench of this Court vide order dated 10.01.2025.

5. Arguing further, it is submitted by Mr. Narayan that this petitioner received Rs. 14 lacs from named accused Saiyad Hassan, out of his own independent business deal, having no connection with present alleged offence. It is submitted that as the main accused Saiyad Hassan was the tenant of this petitioner and as he was also one of the identifier of the bank account in the capacity of landlord, he was implicated with present case without any cogent material. In support of this submission, Mr. Narayan drawn attention of this Court towards paragraph no. 191 of the case diary. While concluding argument, it is submitted that

3/4 petitioner claimed clean antecedent.

6. Learned APP, duly assisted by learned counsel Mr. Dhananjay Kumar, appearing on behalf of the informant, while opposing the prayer of bail submitted that there is a strong suspicion against petitioner as he received Rs. 14 lacs from the account of the main accused Saiyad Hassan, what he received from the different purchasers. It is also pointed out that being identifier of main co-accused while opening his bank account in which alleged amount was received cast further doubt on petitioner. It is submitted that investigation of this case is still open.

7. Arguing further, learned counsel for the informant pointed out that taking U-turn from their submission, the purchaser now claimed over the land and the land in issue was mutated in their favour by revenue authority considering the reason that sale deed could not be cancelled by concerned Registrar. It is submitted that a separate title suit was filed before the concerned civil court of Patna for cancellation of sale deed by the informant.

8. Taking note of all the aforesaid submissions, it appears that the disputes between the parties are primarily civil in nature, where the thrust of allegation is available against named

4/4 co-accused Saiyad Hassan, where prima facie the implication of this petitioner appears out of suspicion as discussd aforesaid, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna/concerned Court, where the case is pending in connection with Gandhi Maidan P.S. Case No. 628 of 2023 subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T