Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45186 of 2024 Arising Out of PS. Case No.-967 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ashish Kumar Son of Sri Mahendra Pandit Resident of Vill- Nimtal, Khusrupur, P.S.- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Kumari W/o Suresh Prasad R/o -New Colony, Nemtal, road No.-2, P.S. - Khusrupur, Dist.- Patna.

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

For the Petitioner/s :

Mr. Ritesh Kumar, Adv For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 967 of 2023 date 31.07.2023 registered for the offences punishable u/s 420, 467, 468, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner has executed a sale deed for the land measuring 3 khata 5 dhoor in favour of the complainant. The complainant had paid Rs. 20,32,000/- to the petitioner. it is further alleged that the petitioner and the co-accused persons had cheated the

Patna High Court CR. MISC. No.45186 of 2024(2) dt.01-07-2024 2/2 complainant. It is further alleged that the said land is disputed land and a civil suit is pending with respect to the said land.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said disputed land belong to one Bhuwan Gope. The petitioner is the mediator in the said disputed land. There is no specific allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Complaint Case No. 967 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T