Bharat Patel @ Bharat Prasad Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28008 of 2025 Arising Out of PS. Case No.-347 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== 1.

Bharat Patel @ Bharat Prasad Patel Son of Late Radhey Prasad R/o - Sat Bihari, P.S And District - Sheikhpura 2.

Sachidanand Singh @ Sachchida Nand Singh Son of Late Mundrika Singh village- Belchi (Belchhi), Ps- Ariyari, Dist- Sheikhpura 3.

Siya Ram Singh Son of Saryu singh @ Saryu Prasad village- Hatiyama (hathiyama), Ps and Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2025 Learned counsel for the petitioner seeks permission to withdraw anticipatory bail petition regarding petitioner no. 1, Bharat Patel @ Bharat Prasad, since petitioner no. 1 has been taken into custody.

2. Permission is granted.

3. The anticipatory bail petition stands dismissed as withdrawn regarding petitioner no. 1.

4. Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

5. The petitioner nos. 2 and 3 apprehend their arrest in

Patna High Court CR. MISC. No.28008 of 2025(3) dt.10-07-2025 2/3 a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.

6. The prosecution case, in brief, is that the informant, namely, Umesh Kumar Singh alleged that all the F.I.R. named accused persons Rs. 38,10,000/- took as consideration money from the informant for the sale of a piece of land. It is alleged that despite taking advance money, they refuse to execute the sale deed or refund the alleged amount.

7. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and has committed no offence. He further submits that the alleged amount was paid to co-accused, Bharat Patel. Petitioners are not alleged to have received any money from the informant. Moreover, the dispute involved in the present petition is with regard to sale and purchase of property/land, which is purely of civil nature for which the informant has already filed Title Suit under Specific Relief Act bearing T.S. No. 178 of 2024 which is pending before the learned Sub-Judge-2, Patna City, Patna.

8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

9. Considering the fact that dispute is purely of civil

Patna High Court CR. MISC. No.28008 of 2025(3) dt.10-07-2025 3/3 nature, the prayer for grant of anticipatory bail to the petitioner nos. 2 and 3 is allowed.

10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner nos. 2 and 3 be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Patna City in connection with Didarganj P.S. Case No. 347 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) Neha/- U T