Krishna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39450 of 2022 Arising Out of PS. Case No.-7 Year-2021 Thana- PAHARPUR District- East Champaran ====================================================== KRISHNA SINGH S/O LATE BALI RAM SINGH Resident of VillageBalua Tola Bairiya, P.S.- Paharpur District- East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 386, 467, 468, 471, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he transferred an amount of Rs. 12 lakh in the account of petitioner and his wife, in lieu of purchasing land of the petitioner, further transferred Rs. 8,87,000/- in account no. 31753823766 and had also given Rs. 2 lakh to the petitioner in cash in presence of witnesses thus taking the amount to Rs. 10,87,000/-, further the petitioner instead of registering the land demanded Rs. 7,50,000/- more than the price which was
Patna High Court CR. MISC. No.39450 of 2022(2) dt.07-12-2022 2/3 originally agreed for the land and thus did not registered the sale deed.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the FIR it would manifest that the dispute is purely civil in nature, it is next submitted that the FIR does not even remotely suggest that any agreement for sale was entered in between the parties, it is next submitted that the amount was paid to the petitioner in various installments as the informant had taken diamond cutting machine from the petitioner @ of Rs. 2,000/- per day and accordingly Rs. 8,87,000/- was paid by the informant in the account of the petitioner of 566 days and taking the same as an opportunity has instituted the present false case with a view to grab the land of the petitioner, it is next submitted that co-accused Sabita Devi has been granted anticipatory bail by order dated 27.06.2022 in Cr. Misc. No. 49174 of 2021.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.39450 of 2022(2) dt.07-12-2022 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Paharpur P.S. Case No. 07 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T