Bijay Sah @ Ajay Sah @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19379 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -KHAZANIHAT District- PURNIA ====================================================== Bijay Sah @ Ajay Sah @ Ajay Kumar, son of Bandelal Sah @ Bandelal Sharma, resident of Mohalla Sipahi Tola, Chunapur Road, P.S.K. Hat, District-Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Sri Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 406, 420, 467, 468/34 of the Indian Penal Code.

Allegation against the petitioner is that he identified an impostor in place of the actual vendor and thus the sale deed was executed in favour of the complainant for which he has paid Rs. 3,65,000/- and in such way petitioner along with other coaccused persons have committed fraud with the complainant. Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that there is nothing available on record to show that the sale deed was executed by Ram Chandra Jha and the complainant has also not taken steps for cancellation of the aforesaid sale deed. As such, petitioner is entitled for grant of anticipatory bail.

Patna High Court Cr.Misc. No.19379 of 2017 (4) dt.11-05-2017 2/2 Heard learned A.P.P. also. He has opposed the prayer for anticipatory bail.

Having heard both sides and in view of the allegation stated above, I am not inclined to grant anticipatory bail to the petitioner.

However, petitioner is directed to surrender in the court below, i.e., learned Chief Judicial Magistrate, Purnea, in connection with K. Hat P. S. Case no. 20 of 2016 and make prayer for regular bail which will be considered and disposed of, if possible on the same day, on its own merit without being prejudiced by the order of this Court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sudip/- U T