Mukesh Singh @ Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22102 of 2019 Arising Out of PS. Case No.-309 Year-2018 Thana- RUPASPUR District- Patna ====================================================== MUKESH SINGH @ MUKESH KUMAR SINGH, son of late Abhay Singh, resident of Mamrajpur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2019 The petitioner apprehends his arrest in connection with Rupaspur P. S. Case No. 309 of 2018 registered under Sections 406 and 420 of the Indian Penal Code.

Allegation against the petitioner is that informant had given Rs. 5 lacs to the petitioner for executing a sale deed of a piece of land allegedly belonging to the petitioner. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated on the basis of concocted story inasmuch as there is no proof of payment of Rs. 5 lacs to the petitioner by the informant pursuant to any agreement for sale. He submits that there is no agreement for sale executed between the petitioner and the informant Mr. Vikdramdeo Singh, learned counsel for the informant, on the other hand submits that witnesses, during the course of investigation, have stated that a sum of Rs. 5 lacs was given to

Patna High Court CR. MISC. No.22102 of 2019(7) dt.20-08-2019 2/2 the petitioner by the informant, however, learned counsel submits that there is no documentary proof of payment of Rs. 5 lacs to the petitioner by the informant.

After having heard learned counsel for the parties and taking into consideration the fact that there is no agreement for sale in between the informant and the petitioner and there is no written documentary evidence to prove that petitioner had received a sum of Rs. 5 lacs from the informant, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJMII, Danapur in connection with Rupaspur P.S.Case No. 309 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T