Uday Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23650 of 2022 Arising Out of PS. Case No.-32 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== UDAY KUMAR SINGH SON OF LATE BHOLA SINGH R/O VILLAGEAMBA OJHA TOLA, P.S.- PIPRAHI, DISTRICT- SHEOHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SATYENDRA SINGH SON OF RAMRUP SINGH @ SRI RAMRUP SINGH R/O VILLAGE- AMBAKALA, P.S.- PIPRAHI, DISTRICTSHEOHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhubala Verma, Adv For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP Mr. Devendra Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2022 Heard the parties.

Learned counsel for the O.P. No.2 filed a counter affidavit in the present case. Let the same be accepted and kept on record. Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 406, 420/34 of Indian Penal Code.

Allegedly, an agreement executed between the parties for sale of the shop of the accused for an amount of Rs.5 lakhs and he paid Rs.20,000/- as advance at the time of agreement and again paid Rs.2 lakhs on 28.09.2019 and rest amount of

Patna High Court CR. MISC. No.23650 of 2022(4) dt.09-11-2022 2/3 Rs.2,78,000/- was to be paid till Feb 2020 for registry of the shop in his favour. The complainant alleged that he paid total amount of Rs.3,54,900/- to the accused persons but they have not done the registry of the shop.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He further submits that the petitioner is ready to return the amount of Rs.5,50,000/- to the O.P. No.2 within 10 weeks. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of ten weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Piprahi P.S. Case No.32 of 2021, subject to the conditions as laid down

Patna High Court CR. MISC. No.23650 of 2022(4) dt.09-11-2022 3/3 under Section 438(2) of the Cr.P.C.

However, the learned court below is directed to accept the bail bond of the petitioner after verifying the receipt of payment made to the complainant.

(Anjani Kumar Sharan, J) shikha/- U T