Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15711 of 2022 Arising Out of PS. Case No.-210 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Sunil Kumar Singh Son Of Late Jytendra Narayan Singh Resident Of VillMakaan No.-30 Budha Colony, P.S- Budha Colony, Dist- Patna. 2.

Sujit Kumar Son Of Late Vishwanath Prasad Presently Resident Of VillVastu Vihar, Phase 1 Industrial Area Hajipur, P.S Hajipur, Dist- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Engineering Housing Construction Cooperative Society Through Its Secretary Sri Ravindra Thakur Resident Of A-3, Vijay Nagar, Ras Bihari Path , Rukanpura, Patna- 800014 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar Barnwal For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 468, 120(B) and other allied sections of Indian Penal Code.

Prosecution story in brief is that this petitioner along with other accused persons approached the complainant in his office and said that they are in urgent need of Rs. 2 crore and if they do not manage the aforesaid amount then Bank will auction

Patna High Court CR. MISC. No.15711 of 2022(4) dt.14-11-2022 2/3 their house. The accused persons further stated to the complainant that they are having the land measuring an area of 3 Bigha, 2 Kattha, 10 Dhur and 12 Dhurki. They further stated other details of land. The accused persons has also brought the paper of the land with them. The accused persons stated that they wanted to sell the land but nobody was ready so seeing the necessity the sale of land was finalised at Rs. 6,01,000/- per Kattha and accordingly Rs. 1,21,15,000/- was credited to one co-accused. It if further alleged that on pretext of land revenue receipt the accused persons lingered the matter, however on enquiry the complainant came to know that the accused persons had sold and registered the land to other persons on 03.09.2016.

Learned counsel appearing for the petitioners submitted that the alleged amount which is said to have been taken by the petitioner as a friendly loan has been returned (Rs. 1,21,15,000/-) through different cheques in support of which bank account statement has been annexed from 21st September, 2016 to 16th March, 2019. Petitioners have got clean antecedent.

Learned counsel for the complainant opposes the bail application however, he does not controvert the facts submitted by counsel for the petitioners.

Patna High Court CR. MISC. No.15711 of 2022(4) dt.14-11-2022 3/3 Considering the aforesaid facts and circumstances, let the above named petitioner in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Danapur, Patna in Complaint Case No. 210 (c) of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T