Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37572 of 2024 Arising Out of PS. Case No.-645 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Shambhu Paswan S/o Late Ramdev Paswan R/o Mohalla - Mai Asthan Speaker Chowk, P.S. - Kazi Mohammadpur, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sikandar Prasad Singh S/o Late Geeta Singh R/o vill - Bihar University Flat no 2/29 PS University District Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP.

Mr. Chandra Shekhar Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 201, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have committed fraud with the informant by taking a large amount of money i.e. Rs. 9,60,000/- on the pretext of registration of the said land in his favour, but they neither registered the land in question in favour of the informant nor returned the money till date.

4. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.37572 of 2024(2) dt.26-07-2024 2/3 petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. As per the prosecution case, there is civil dispute between co-accused Subodh Kumar Ojha and the informant. Petitioner has no role in the alleged occurrence. Neither any agreement for sale was ever made between the petitioner and the informant nor a single penny was paid or given in advance to the petitioner rather the receiving of advance was made by either co-accused Subodh Kumar Ojha or his son Ranveer Kumar. It is further submitted that the similarly situated co-accused have been granted bail by this Court vide order dated 18.01.2024 in Cr. Misc. No. 85926 of 2023 and Cr. Misc. No. 85930 of 2023. Petitioner has no criminal antecedent as mentioned in the bail application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.37572 of 2024(2) dt.26-07-2024 3/3 within a period of six weeks from today, 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 Muzaffarpur Sadar P.S. Case No. 645 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T