Sanjiv Kumar Singh @ Bhultun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31823 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- NAYAGAON District- Saran ====================================================== 1.

SANJIV KUMAR SINGH @ BHULTUN KUMAR S/o Late Baleshwar Singh Resident of Village- Bariyarchak, P.S.- Nayagaon, District- Saran. 2.

MALTI DEVI W/o Late Baleshwar Singh Resident of Village- Bariyarchak, P.S.- Nayagaon, District- Saran.

3.

RAJEEV KUMAR SINGH S/o Late Baleshwar Singh Resident of VillageBariyarchak, P.S.- Nayagaon, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal Mr. Hemant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-10-2022 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 406, 420 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, Rs. 4,60,000/- was taken by the petitioners from the informant and after lapse of assured time the petitioners did not refund the money on one pretext or the other. It is further alleged that on 11.04.2021 the petitioners surrounded the informant and on the point of pistol took his signature on some blank papers.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.31823 of 2022(2) dt.10-10-2022 2/2 the case. It is further submitted that petitioner No.1 filed Complaint case No. 991/2021 on 06.07.2021 on the basis of which Nayagaon PS case No. 3/22 has been instituted against the informant, his father and one Amar Singh and in retaliation the present case has been filed with false and concocted allegation. No money transaction, as alleged in the FIR, has even taken place between the parties. Petitioners have got clean antecedent.

Learned counsel appearing for the State and the informant oppose the prayer for anticipatory bail. Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Saran at Chapra in connection with Nayagaon PS case No. 02/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T