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Patna High CourtCR. MISC./24334/2025bail granted

Lalo Sah v. The State Of Bihar

2025-08-13Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24334 of 2025 Arising Out of PS. Case No.-2666 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Lalo Sah S/o- Late Gudar Sah Village- Khagha Ps- Mirganj Dist- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandan Kumar S/o- Ajit Prasad Village- Sahid Samarak Road, Dhamdaha Ps- Dhamdaha Dist- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-08-2025 Heard Mr. Ajit Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 2666 of 2023 registered for the offence(s) punishable under Sections 420, 406, 467, 468, 471, 120B, 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner, who is the owner of the land in question, has cheated the informant by taking money from him in order to execute sale deed in his name, but the petitioner did not execute the same.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.24334 of 2025(3) dt.13-08-2025 2/3 petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. Though the petitioner is the owner of the said land but he has not made any agreement with the complainant. The matter being purely civil in nature and in light of the observation made by the Apex Court in the case of Bimla Tiwari vs. State of Bihar & Ors. passed in SLP (Crl.) Nos. 834-835 of 2023, the petitioner who is having clean antecedent, seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the FIR and the documents and information contained in the bail application and also the fact that the petitioner has clean antecedent, I find that the petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - Ist Class, Purnea in

Patna High Court CR. MISC. No.24334 of 2025(3) dt.13-08-2025 3/3 connection with Complaint Case No. 2666 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T