Brij Mohan Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15187 of 2022 Arising Out of PS. Case No.-98 Year-2018 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== BRIJ MOHAN KUMAR DUBEY S/o Late Triloki Dubey @ Late Triloki Nath Dubey Resident of Village - Bhorhopur, P.S.- Ekma, District - Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shailesh Kumar Singh S/o Late Lal Saheb Singh R/o Village - Machap, P.s.- Manjhi, District - Saran.

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

For the Petitioner/s :

Mr.Shatrughan Pandey, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP For the Informant :

Mr.Rajiv Ranjan Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 420 of the Indian Penal Code.

The allegation against the petitioner is that he has taken money from the complainant for selling his land to the complainant. The stamp paper was also made but at the time of

Patna High Court CR. MISC. No.15187 of 2022(2) dt.14-11-2022 2/3 registration, petitioner fled away with the money. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case with a view to grab the land of the petitioner. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. No agreement has been signed between the petitioner and the complainant. It is further submitted that petitioner has not received any money from the complainant nor has he signed on any paper with regard to execution of sale deed and only with a view to extort money from him, complainant has filed this case. In the complaint petition, no single chit of paper has been annexed by the complainant with regard to the sale deed. Petitioner has no criminal antecedent, which is also mentioned in para-3 of this application. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for bail.

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. 25,000/- (Rupees Twenty Five Thousand) with two sureties

Patna High Court CR. MISC. No.15187 of 2022(2) dt.14-11-2022 3/3 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.98 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T