Mukesh Kumar Ranjan @ Awadhesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51289 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- KALER District- Jehanabad ====================================================== Mukesh Kumar Ranjan @ Awadhesh Ram Son of Munsi Ram Resident of Village- Haribari, P.S.- Muffasil, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Suman Kumar Jha, Advocate For the State :

Mr. Binod Kumar, APP For the Informant :

Mr. Santosh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Kaler P.S. Case No.42 of 2020, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. It is alleged against the petitioner that he took money from the informant for selling a piece of land and the petitioner neither executed the sale deed nor returned the money. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further contended that the informant never gave Rs.14 lakhs to the petitioner as the consideration amount of

Patna High Court CR. MISC. No.51289 of 2021(2) dt.09-05-2022 2/3 land. It is submitted that the petitioner has no manner of concern with the said stamp paper and the same has been purchased by the informant in his name. There is no description of land in the FIR. It is further submitted that the entire story is false and concocted. It is submitted that Annexure-3 of the bail application is dated 09.05.2019, but it is alleged that the informant has given money to the petitioner in the year 2016. It is lastly submitted that the dispute is civil in nature.

Learned counsel for the State as well as learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioner and submitted that the informant had given money to the petitioner but the petitioner neither executed the sale deed nor returned the money. Taking into consideration the fact that the dispute is civil in nature, let petitioner, above named, 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 learned A.C.J.M.-IIIrd, Arwal in connection with Kaler P.S. Case No.42 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.51289 of 2021(2) dt.09-05-2022 3/3 However, the informant is given liberty to file money suit before the learned court below for redressal of his grievance.

(Anjani Kumar Sharan, J.) Sanjay/- U T