Deepak Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23660 of 2022 Arising Out of PS. Case No.-615 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== DEEPAK KUMAR GUPTA Son of Late Rameshwar Gupta Resident of Village - Om Nagar, Ward no.08, P.s.- Araria, Distt.- Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Kundan Kumar Singh, Advocate For the State :
Mr. Surendra Prasad Singh, APP For the Complainant :
Mr. Anil Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the complainant.
The petitioner apprehends his arrest in connection with Complaint Case No.615(c)/2019, registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120-B and 34 of the Indian Penal Code.
It is alleged that petitioner, Deepak Kumar Gupta came to the house of the complainant and told him that a piece of land belonging to one Umesh Prasad Bhagat is available for sale. It is further alleged that after seeing the plot, the complainant made advance to the petitioner. On 15.03.2017 said Umesh Prasad Bhagat and one Rajendra Kumar Bhagat came at
Patna High Court CR. MISC. No.23660 of 2022(7) dt.06-07-2023 2/3 Registry Office, Araria and after receiving Rs.7,82,000/- out of the total consideration amount of Rs.8,82,000/-, Umesh Prasad Bhagat executed the sale deed in favour of the complainant and further they made an agreement that the rest amount, i.e., Rs.1,00,000/- will be paid to the landlord after mutation of land. When the complainant made online application for mutation of the land, he found that the land in question was less in measurement.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that due to previous enmity and land dispute, the petitioner is made accused in the instant case. It is submitted that petitioner has not committed any cheat or forgery with the complainant and the dispute between the parties is civil in nature. Learned APP for the State and learned counsel for the complainant opposed the prayer for grant of anticipatory bail to the petitioner.
Taking into consideration the facts aforesaid and the fact dispute between the parties is civil in nature, let petitioner, above named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.23660 of 2022(7) dt.06-07-2023 3/3 learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Complaint Case No.615(c)/2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) S.KUMAR/- U T