Nikesh Kumar Singh @ Durgesh Kumar Singh @ Durgesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32557 of 2023 Arising Out of PS. Case No.-519 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Nikesh Kumar Singh @ Durgesh Kumar Singh @ Durgesh Singh S/O Rajendra Singh @ Raj Barat Singh Resident Of Village- Kunda, P.S.- Muffasil, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the State :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2023 Heard Mr. Kamlendra Pd. Singh, learned counsel for the petitioner, learned counsel for the informant and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420, 34 of the Indian Penal Code.

3. As per FIR, it is alleged that the informant paid Rs. 17,50,000/- in the account of petitioner for the purpose of purchase of land but later on, he refused to executed the sale deed in favour of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submitted that the petitioner is ready to return Rs. 12,00,000/- to the informant within six months. He further

Patna High Court CR. MISC. No.32557 of 2023(4) dt.30-10-2023 2/3 submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail for a period of eight months 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 connection with Aurangabad (Town) P.S. Case No. 519 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. On payment of Rs. 12,00,000/- (Twelve Lacs), the provisional bail of the petitioner will be confirmed by the learned court below.

8. The informant undertakes to withdraw the Complaint Case No. 754 of 2021 on payment of Rs. 12,00,000/-. (Anjani Kumar Sharan, J) devendra/- U T

Patna High Court CR. MISC. No.32557 of 2023(4) dt.30-10-2023 3/3