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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28694 of 2022 Arising Out of PS. Case No.-2861 Year-2017 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.

Sanjay Singh @ Sanjay Kumar Singh, S/O Late Bindeshwari Singh R/O Village- Dariyawganj, P.S.- Chapra Muffasil, District- Saran 2.

Santosh Singh @ Putu Singh, S/O Late Bindeshwari Singh R/O VillageDariyawganj, P.S.- Chapra Muffasil, District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meena Devi, W/o Vinay Prakash R/o village- Chirand, P.S.- Doriganj, District- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 420, 406, 120B, 467, 468 of the Indian Penal Code, but cognizance has taken under Section 420 of the I.P.C.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the complainant alleges that he paid Rs. Five Lakhs to the accused persons for purchasing a land and later came to know that he was cheated as land did not belong to the accused persons including the petitioners. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that from bare perusal of the allegation as alleged in the

Patna High Court CR. MISC. No.28694 of 2022(2) dt.15-11-2022 2/2 complaint, it would manifest that the complainant herself has alleged that the petitioners have already executed sale deed in her favour, but later she came to know that they are not owner of the land. The learned counsel next submits that if what has been alleged by the complainant is true, then the dispute is purely civil and it is also submitted that complainant has already filed a Money Suit. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No.2861 of 2017, Trial No.2525 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T