Rajendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20527 of 2023 Arising Out of PS. Case No.-973 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Rajendra Sah Son Of Late Ayodhya Sah Resident Of Village - Jalkaura, P.S.- Khagaria (Gangaur O.P.), District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the State :

Mr. Uma Shankar Prasad Singh For the Informant :

Mr. Samir Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 323, 418 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner is that he has taken consideration money of Rs. 4 lakh and 35 thousand from the informant for execution of sale deed but not executed the same in favour of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has not received amount from the informant which is mentioned in the complaint petitioner/F.I.R. and informant falsely stated in his

Patna High Court CR. MISC. No.20527 of 2023(4) dt.03-10-2023 2/2 complaint petition that the petitioner has received the said amount. He further submits that it is civil dispute between the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that it is a civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 973 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The informant is directed to take legal action to execute agreement.

(Anjani Kumar Sharan, J) anand/- U T