Alok Singh @ Alok Kumar Singh @ Putul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33506 of 2025 Arising Out of PS. Case No.-179 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Alok Singh @ Alok Kumar Singh @ Putul Singh Son of Late Shailendra Kumar Singh @ Shailendra Singh Resident of village - Chandpura Kowari, P.S.- Bidupur, District - Vaishali ... ... Petitioner
Versus
1.
The State of Bihar 2.
Manoj Kumar S/O- Lal Dev Rai, R/O- vill- Jethui, P.S.- Industrial area, Hazipur, Vaishali.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Shankar, Advocate Mr.Shashi Shekhar Kumar Prasad, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP For the Informant :
Mr.Sanjay Kumar Jha, Advocate Mr.Ashutosh Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-12-2025 Heard learned counsel appearing on behalf of the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The accused/petitioner seeks bail in connection with Industrial Area P.S. Case No. 179 of 2023 registered for the offences under Sections 420, 467, 468 and 471 of the Indian Penal Code.
3. The accused/petitioner is named in the First Information Report and is in custody since 08.03.2025.
4. The basis of FIR is complaint case bearing No.
2/4 3171/2023 through which allegation of cheating raised against the petitioner for total amount of Rs. 15 Lakhs.
5. It is submitted by learned counsel appearing on behalf of the petitioner that entire episode developed when informant/complainant failed to comply with the terms and conditions of declaration dated 03.05.2023, where he admitted to receive Rs. 19 Lakhs against a piece of land from petitioner against total consideration amount of Rs. 21 Lakhs and also about financing the motorcycle, where down payment of Rs. 3 Lakhs was made by this petitioner. It is submitted that as per said declaration, three motorcycles in issue be transferred to the petitioner when it will get loan free by informant. It is submitted that despite of several request the informant failed to act upon the declaration which was given to petitioner, and therefore, petitioner filed complaint case against the informant. It is submitted that counter to the aforesaid complaint case, the present complaint case was lodged, which is the basis of present FIR in issue.
6. Arguing further, it is submitted that during
3/4 course of investigation, liability against petitioner found only of Rs. 1.5 Lakh and moreover, background of allegation suggests that dispute arising out of some monetary transaction, for which petitioner is in custody for about ten months.
7. Learned A.P.P. for the State duly assisted by learned counsel appearing for the informant, while opposing the prayer of bail of the petitioner, submitted that allegation is specific against the petitioner to cheat the informant.
8. In view of aforesaid factual submission and by taking note of nature of implication, where allegation of cheating raised primarily due to monetary transaction for which civil remedy also appears available, coupled with the fact that investigation of this case is already concluded, where petitioner remains in custody since 08.03.2025, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Hajipur, Vaishali/concerned court, in
4/4 connection with Industrial Area P.S. Case Non. 179 of 2023, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T