Anshuman Sagar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17774 of 2025 Arising Out of PS. Case No.-7364 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
Anshuman Sagar S/o Late Kunj Bihari Nirala R/o- vill- Chak Jamal, P.O.- Khajurar, PS -Bahadurpur, Distt. Patna, A/P Morya Vihar Colony, Near D.A.V., Scool, Kumhrar, P.S.- Agamkuan, Distt.- Patna 2.
Bandana Sagar @ Kri. Vandana Sagar D/o Late Kunj Bihari Nirala R/o- villChak Jamal, P.O.-Khajurar, PS -Bahadurpur, Distt. Patna, A/P Morya Vihar Colony, Near D.A.V., Scool, Kumhrar, P.S.- Agamkuan, Distt.- Patna 3.
Versha Sagar D/o Late Kunj Bihari Nirala R/o- vill- Chak Jamal, P.O.- Khajurar, PS -Bahadurpur, Distt. Patna, A/P Morya Vihar Colony, Near D.A.V., Scool, Kumhrar, P.S.- Agamkuan, Distt.- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Suman Saurabh S/o Sri Indradeo Prasad R/o Chitragupta Nagar, Road no. 2, East shiv Mandir, P.O.- Lohia Nagar, P.S.- Patrakar Nagar, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghaw Kumar, Advocate For the State :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner, learned counsel representing the informant as also learned APP representing the State.
2. The petitioners are apprehending arrest in connection with Complaint Case No. 7364 (C) of 2022 registered for the offence under Sections 420 of the Indian Penal Code, lodged by the complainant Suman Saurabh.
3. As per the prosecution story, the complainant alleged that total Rs. 18 Lakhs was taken away by the accused
2/4 persons, a deed was also executed but later, they back tracked with clear intention to cheat and even denied the payment which led to the complaint.
4. The submission of the petitioners' counsel is/are manifold inasmuch as:
(i) no such payment was made;
(ii) the document was procured for a different purpose but incorporating the aforesaid facts, the case has been made out;
(iii) the witnesses are children and petitioner nos. 1 and 3 namely Anshuman Sagar and Versha Sagar respectively were minor at that time in the year 2016;
5. Learned counsel for the complainant on the other hand submits that all the three children became witness, the fact remains that in case the contention of the petitioners is accepted, no case against them have been lodged, which clearly show that they want to continue the cheating process by grabbing the huge amount that was taken.
6. Considering the submissions of the parties, it is unfortunate that at that point of time despite being minor, petitioner nos. 1 and 3 namely Anshuman Sagar and Versha
3/4 Sagar respectively were pushed into signing the document. However, as their age has been shown to be 26 years and 23 years in the year 2025 and in the year 2016, calculating the same it seems that they were minor, this Court inclined to extend them privilege of anticipatory bail.
7. So far as the petitioner no.2, Bandana Sagar @ Kri. Vandana Sagar is concerned, she is 28 years old, which clearly shows that she was 19 years old on the date, the execution took place. In that background, her anticipatory bail stands rejected.
8. Let the petitioner nos. 1 and 3 namely Anshuman Sagar and Versha Sagar respectively be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Patna, in connection with Complaint Case No. 7364 (C) of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner nos. 1 and 3 namely Anshuman Sagar and Versha Sagar who shall provide official document to show his/her bona fide;
4/4 (ii) the petitioner nos. 1 and 3 namely Anshuman Sagar and Versha Sagar shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioner nos. 1 and 3 namely Anshuman Sagar and Versha Sagar shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner nos. 1 and 3 namely Anshuman Sagar and Versha Sagar shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T