Anand Kumar @ T. T. Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23027 of 2023 Arising Out of PS. Case No.-64 Year-2021 Thana- PURAINI District- Madhepura ====================================================== ANAND KUMAR @ T. T. ROY Son of Shital Roy Resident of village - Ganeshpur, Ward No.- 10, P.S.- Puraini, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnish Kumar Singh For the Opposite Party/s :
Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406 and 420/34 of the Indian Penal Code pending in the learned court below.
As per the prosecution case, the informant after talking about the sale of the land in an amount of Rs.4,25,000/-, Anand Kumar received from the informant as an advance of Rs.2,50,000/- and after that wrote Jarbiyanama on stamp paper, where there is a signature of Pappu Rai as a witness. Before expire of the time limit mentioned in the Jarbiyanama, the informant requested Anand Kumar to take remaining amount of Rs.1,75,000/- and write the land of the said Dihwas, but Mr.
Patna High Court CR. MISC. No.23027 of 2023(3) dt.04-07-2023 2/3 Anand kept evading every time. Thereafter, the informant through his advocate sent legal notices to Mr. Anand Kumar many times, requesting the register the said land in the Registry Officer, Udakishunganj, by taking the remaining amount. But, no response was given to the legal notice. It is further alleged that brothers of the opposition threatened the informant that wherever he go, they will neither give land nor return money. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is civil dispute between the parties. He submits that the execution has been made in the year 2012 and the F.I.R. report has been lodged in the year 2021. He further submits that there is no any legal proof of the money transaction is available between the parties. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is civil dispute between the parties, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail
Patna High Court CR. MISC. No.23027 of 2023(3) dt.04-07-2023 3/3 bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Puraini P.S. Case No.64/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T