Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20775 of 2024 Arising Out of PS. Case No.-133 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.
AJAY KUMAR S/O SADHU SHARAN SINGH R/O MOHALLA- NEW AREA BISAR TALAB, GAYA, P.S- CIVIL LINE IN THE DISTT.- GAYA. 2.
RAVI PANDEY @ CHUNCHUN PANDEY @ RABISH PANDEY @ RAVIKANT PANDEY S/O LATE RAM PRIT PANDEY R/O VILLAGENEWATAPUR, P.S- BODH GAYA, DISTT.- GAYA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
KAMNA W/O LATE RAJAN KUMAR R/O PIPAL GALI, JHILGANJ NAI GODOWN, GAYA, P.S- KOTWALI, DISTT.- GAYA.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar , Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit , APP For the informant :
Shailesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code .
3. As per prosecution case , despite receiving the consideration money of Rs. 11,05,000/- (Eleven lakh five thousand ), petitioners refused to execute the sale deed in favour of the informant.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case with the
Patna High Court CR. MISC. No.20775 of 2024(4) dt.04-07-2024 2/3 malafide intentions and have committed no offence . However, petitioners are ready to return the alleged amount of Rs. 11,05,000/- (Eleven lakh five thousand), in installments, which the informant claims to have given to the petitioners for purchasing the land in question .
5 . Considering the aforesaid contention made on behalf of the petitioners, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate , Gaya in connection with Kotwali P. S. Case No. 133 of 2021 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioners that :- (i) Petitioners shall refund Rs.
2,05,000/- (Rs. two lac five thousand ) through Demand Draft to the informant at the time of furnishing bail-bond and thereafter, rest amount i.e., 9,00,000/- (Rs. nine Lac) shall be deposited in four installments within one year through Demand Draft to the informant, failing which, the learned court below would be at liberty to cancel the bail-
Patna High Court CR. MISC. No.20775 of 2024(4) dt.04-07-2024 3/3 bond.
6. It is made clear that without going into the merit of the case, this order has been passed only for the purpose of bail. (Prabhat Kumar Singh, J) Koushik/- U T