Alok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18369 of 2024 Arising Out of PS. Case No.-1591 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Alok Kumar Singh S/o Late Manvendra Singh R/o vill - Sarsi, P.S. - Sarsi, Distt. - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pardeep Kumar Roy S/o Late Shambhunath Rai R/o Mohalla - Chunapur, P.S. - K. Nagar, Distt - Purnea, at present residing Ambla Tola Chunapur Basa Madhubani, P.S - K. Hat, Distt. - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Complainant : Dr. Shuchi Bharti, Advocate For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2024 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner, Dr. Shuchi Bharti, learned counsel appearing on behalf of the Complainant and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 1591 of 2022 registered for the offences punishable under Sections 420, 464, 468, 120(B) of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused person has hatched a criminal conspiracy with others and committed fraud and got the registration of the

Patna High Court CR. MISC. No.18369 of 2024(3) dt.18-07-2024 2/3 land of the complainant illegally in favour of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that in fact the petitioner has purchased the land in question from Vikash Chandra Rai who is cousin brother of the Complainant happens to be co-sharer of the Complainant and the petitioner has purchased the land in question after paying the concerned amount to Vikash Chandra Rai and he has no concern at all with the family affairs of the complainant.

5. Learned counsel for the complaint as well as learned APP for the State have opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Complaint Case No. 1591 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.18369 of 2024(3) dt.18-07-2024 3/3 Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T