Satyendra Kumar @ Satendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20628 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== Satyendra Kumar @ Satendra Kumar Son Of Uday Yadav Resident Of Village- Vitho Sharif (habbipur), Ps- Chandauti, Distt- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyaveer Jha, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chandauti P.S. Case No. 253 of 2023, dated 26.04.2023, instituted for the offence punishable under Sections 406,420,120(B) and 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, 4.557 decimals of land in Khata No. 309, Plot No. 1655 was to be conveyed to the informant, as per agreement entered into between the coaccused Suresh Thakur and the informant. It is further alleged that an amount of Rs. 11,000/- in cash was paid by the informant to Suresh Thakur and others in lieu of the agreement and Rs. 26,00,000/- has been transferred through RTGS and also given five cheques of Rs. 4,00,000/- each and four cheques of Rs.

Patna High Court CR. MISC. No.20628 of 2024(3) dt.19-04-2024 2/3 5,00,000/-and the said cheques got dishonoured. When the same has not been done and money has not been returned, the present FIR has been lodged.

4. Learned counsel for the petitioner submits that from perusal of the First Information Report, it transpires that this case has been lodged against the petitioner and others with regard to some land dispute with the land owners who have entered into an agreement. It is further submitted that a predominantly civil dispute is made out based on the allegation levelled in the FIR. Moreover, petitioner is only a witness on the agreement to sale. It is further submitted that similarly situated persons namely Ramjeet Rai and Bachchu Yadav have been granted bail vide order dated 04.01.2024 and 08.11.2023 passed by a Co-ordinate Bench as well as this Court in Criminal Miscellaneous No. 82044 of 2023 and 68793 of 2023 respectively. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. vehemently opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of

Patna High Court CR. MISC. No.20628 of 2024(3) dt.19-04-2024 3/3 six weeks from today, in connection with Chandauti P.S. Case No. 253 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VI, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) sankalp/- U T