Sanjay Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34629 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- LAURIA District- West Champaran ====================================================== SANJAY VERMA SON OF LATE AJAY KUMAR VERMA @ AJAY VERMA Resident of Village - Gora Belwa, P.S.- Jogapatti (Shanichari), Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the State :

Mr. Sanjay Kumar Tiwary, APP For the Informant : Mr. Lal Babu Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated that the accused persons entered into an agreement with the informant for purchase of a land against which the informant paid a sum of Rs.25.54 lacs in cash and also gave a bullet motorcycle. However, neither the registered sale deed was executed by the petitioner nor the amount returned.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations levelled in the F.I.R. are false and concocted. It is a

Patna High Court CR. MISC. No.34629 of 2021(7) dt.28-02-2022 2/3 case purely of civil dispute. The petitioner is in custody since 17.2.2021. Chargesheet has been submitted in the case. It is further submitted that the case of the petitioner stands on a similar footing to that of co-accused Nirbhay Verma who has been enlarged on bail vide order dated 20.1.2022 passed in Cr. Misc. no.39874 of 2021.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that contrary to the statement made in paragraph no.3 of the petition, the petitioner is accused in two other cases. The fact that he received the amount has been accepted by him in his receipt which has been brought on record as Annexure-1 to the counteraffidavit. The informant has been cheated a total sum of Rs.25.54 lacs approx.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of allegation, the investigation in the case having concluded, the petitioner having remained in custody for over 1 year and grant of bail to the co-accused Nirbhay Verma, the Court directs the petitioner to be enlarged on bail in connection with Lauriya P.S. Case no.38 of 2021 on furnishing bail bond of Rs.10,000/

Patna High Court CR. MISC. No.34629 of 2021(7) dt.28-02-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Bettiah, West Champaran.

(Partha Sarthy, J) Saurabh/- U T