Ajay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57533 of 2017 Arising Out of PS.Case No. -1662 Year- 2016 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Ajay Kumar Singh S/o Kamleshwar Singh, R/o Village- Sakarchi, P.S.- Koilwar, District- Bhojpur (Ara).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dinesh Pandey S/o Late Shivbilash Pandey, R/o Village- Kuberchak, Kulharia, P.O.- Kulharia, P.S.- Koielwar, District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Complaint Case No. 1662(c) of 2016, Trial No. 299 of 2016 for offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The prosecution case, as lodged by the informant who has a power of attorney in his favour from the director Jiwan Kumar of Usha Complete Wire and Cable Pvt. Ltd. is that some land to the complainant was sold which he agreed to purchase in

Patna High Court Cr.Misc. No.57533 of 2017 (2) dt.05-12-2017 2/3 which the petitioner was a witness. After registry, the land was found to be a fake one for which the complainant had given Rs. 5,11,0000/-for the cost of land and Rs. 1,37,000/- for registry of the land.

It has been submitted by the learned counsel for the petitioner that he is innocent and he was just a witness to the registered sale deed. He submits that no offence has been committed by him, no money was taken by the petitioner and that he is languishing in judicial custody since 07.09.2017. He submits that the matter relates to civil dispute in which neither he is a purchaser nor the seller but only a witness being known to the complainant. He further submits that two other cases have been lodged by the complainant against the petitioner being Complaint Case No. 549 of 2017 and Koilwar P.S. Case No. 55 of 2017 and apart from these two cases he has no criminal antecedent. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.57533 of 2017 (2) dt.05-12-2017 3/3 Chief Judicial Magistrate, Bhojpur, Arrah in connection with Complaint Case No. 1662 (c) of 2016, Trial No. 299 of 2016. (Nilu Agrawal, J) Devendra/- U T