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Patna High CourtCR. MISC./38862/2022allowed

Rajni Kant Singh v. The State Of Bihar

2023-03-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38862 of 2022 Arising Out of PS. Case No.-733 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== Rajni Kant Singh Son Of Late Nitya Nand Singh R/O Village- Budhra, P.O.- Budhra, P.S.- Athamalgola, Bakhtiyarpur, District- Patna (BIHAR) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Gupta For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420, 323, 379, 504 read with 34 of the Indian Penal Code. It is alleged by the informant that the petitioner proposed the informant to purchase the land by joint contribution and in pursuance to that the petitioner paid Rs. 10,00,000/- to the petitioner but neither the land was purchased nor money was returned to the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is not a land broker and has

Patna High Court CR. MISC. No.38862 of 2022(4) dt.17-03-2023 2/2 never indulged in purchase and sell of land in his life. He submits that the informant did not even mention the specific date on which he had allegedly made payment of cash to the petitioner on the first occasion. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that the petitioner was also involved in the present case. Considering the facts and circumstances of the case and the fact that the matter pertains to be a civil dispute, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Shastri Nagar P.S. Case No. 733 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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