Mahantha @ Mahant Jay Narayan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32800 of 2025 Arising Out of PS. Case No.-1209 Year-2023 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Mahantha @ Mahant Jay Narayan Das S/o Late Ram Rajeshwar Das R/o Baba Bhikham Das Thakurbari, Bari Path, Bakarganj, Bankipur, P.S.- Kadam Kuan, Patna, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bharat Sahni S/o Hilsu Sahni R/o Mohalla - Dorukhi Gali, Darzi Tola, P.O. - Bankipur, P.S.- Pirbahore, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1209 of 2023, instituted under Sections 420/ 504 of the Indian Penal Code.

3. As per the complaint case, despite the agreement for sale of land the petitioner failed to execute the sale-deed in favour of the complainant and also not returned back the paid amount to him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Due to the reason that the consideration amount was not paid by the complainant, the sale-deed was not executed by the

Patna High Court CR. MISC. No.32800 of 2025(3) dt.21-05-2025 2/2 petitioner. He further submits that the petitioner has already returned the cash amount of Rs. 4,50,000/- through Bank Account of the complainant. Petitioner is an old man aged about 76 years having no criminal antecedent. Petitioner has returned the three cheques of Rs. 2 lacs, 3.5 lacs and 15 lacs to the complainant. He has also paid the remaining amount of Rs. 1000/- in cash. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City in connection with Complaint Case No. 1209 of 2023, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi U T