Shashi Kant @ Shashi Kant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39734 of 2023 Arising Out of PS. Case No.-517 Year-2021 Thana- GAURICHAK District- Patna ====================================================== Shashi Kant @ Shashi Kant Singh Son of Gauri Shankar Singh Nehruchak Badhe Tola, Ps- Alamganj District- Patna, At Present Residing Flat No.- C705-7th Floor, OXY Homez, Near Koyal Enclave Bhopura Tila More Road Loni Dehat, Ps- Ghaziabad, District- Ghaziabad, Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Jay Ram Prasad, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
The petitioner seeks pre-arrest bail in connection with Gaurichak P.S.Case No.517/2021, registered for the offences punishable under Sections 406 & 420/34 of the Indian Penal Code.
Prosecution story, in brief, is that the petitioner had purchased khatiyani land pertaining to Khata No.156 and Khesra No.1196, Circle Office - Fatuha of one Dhupendra Singh also. Dhurendra Singh had earlier promised to sale the said land to one Mina Devi (informant) and received consideration money from her. A Co-ordinate Bench of this
Patna High Court CR. MISC. No.39734 of 2023(2) dt.28-07-2023 2/3 Hon'ble Court has granted anticipatory bail to Dhupendra Singh, vide order dated 17.05.2023 passed in Cr. Misc. No.28307/2022 in light of the agreement entered into between Mina Devi and Dhupendra Singh before the Mediator of this Hon'ble Court and the entire amount, which was received as consideration money from the informant, has been returned back to her.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has no role so far as the agreement which was entered into between Dhupendra Singh and Mina Devi. Petitioner is innocent and he has clean antecedent. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
Considering the dispute and the entire amount taken as consideration money has been returned back to the informant as well as the petitioner is in peaceful possession of the land and also taking into consideration that no case is made out under Section 420 of the IPC. The petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.39734 of 2023(2) dt.28-07-2023 3/3 ACJM-VI, Patna City in connection with Gaurichak P.S.Case No.517 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) chn/- U