Patna High CourtCR. MISC./25440/2024allowed

Rajesh Kumar v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25440 of 2024 Arising Out of PS. Case No.-4739 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rajesh Kumar son of Late Devi Lal Roy @ Devi Roy Mohalla- Bairiya Psgopalpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 379, 504, 420, 560, 34 of the Indian Penal Code.

3. The prosecution case in brief is that the petitioner along with co-accused executed agreement for sale with respect to the land situated at Mauza Bairiya. After receiving eight lakhs Rupees, the petitioner fraudulently sold the said land.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is no role of the petitioner in the case. Neither he is land

Patna High Court CR. MISC. No.25440 of 2024(2) dt.04-04-2024 2/2 owner nor seller. The alleged money has been received by coaccused Sanjay Roy from the complainant and put his signature on the agreement. The petitioner is said to be broker. He has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 5.2.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 4739(C) of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T