Niranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40595 of 2024 Arising Out of PS. Case No.-545 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

Niranjan Kumar Singh, Son Of Anil Kumar Singh, Resident Of Village - Khangaon, P.S. - Chandi, District - Bhojpur 2.

Gunjan Kumar Singh, Son Of Anil Kumar Singh, Resident Of Village - Khangaon, P.S. - Chandi, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bhola Kumat @ Sarda, S/O Rajendra Prasad Singh, R/O Village- Bisunpur Tapa, P.S- Chandi, District- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Complainant :

Mr. Niraj Kumar Singh, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bhojpur Complaint Case No. 545 (C) of 2023, registered for the offences punishable under Sections 323, 504, 406/34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioners is that the complainant sold a piece of land for a consideration amount of Rs. 15,00,000/- (Rupees Fifteen Lac), out of which only Rs. 10,82,000/- (Rupees Ten Lac Eighty Two Thousand) has been received by the grand-mother of the

Patna High Court CR. MISC. No.40595 of 2024(3) dt.18-09-2024 2/3 complainant and the petitioners have not paid the remaining amount of Rs. 4,18,000/- (Rupees Four Lac Eighteen Thousand). It is also stated that a cheque of Rs. 2,82,000/- (Rupees Two Lac Eighty Two Thousand) was paid by the petitioners which was dishonoured, however, the same was compromised.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case with the ulterior motive. The consideration amount has already been paid to the complainant's grand-mother and in cheque dishonoured case, both the parties have compromised the matter, however, the complainant with ulterior motive filed the present case. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial of this case.

5. Learned counsel for the complainant as well as learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days

Patna High Court CR. MISC. No.40595 of 2024(3) dt.18-09-2024 3/3 from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Bhojpur Complaint Case No. 545 (C) of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T