Ranjeet Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41605 of 2022 Arising Out of PS. Case No.-134 Year-2019 Thana- GORAUL District- Vaishali ====================================================== RANJEET THAKUR Son of Chandeshwar Thakur Resident of Village - Vishanpur Mangal, P.s.- Kudhani (Fakuli OP), Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 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 Section 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner after entering into an agreement for sale and after taking Rs. 5,00,000/- refused to register the land in favour of the informant.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R, it would manifest that informant alleges that he gave Rs. 5,00,000/- by way of cash to the petitioner after entering into an

Patna High Court CR. MISC. No.41605 of 2022(2) dt.12-12-2022 2/2 agreement for sale. It is next submitted that no agreement for sale was ever entered in between informant and the petitioner. It is also submitted that if what has been alleged by the informant is true then definitely informant has remedies elsewhere and instituting the present F.I.R is an abuse of the process of the Court. It is further submitted that informant for enforcing the agreement for sale, if any, can file a case under the Specific Performance Act. 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 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 Goraul P.S. Case No. 134 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T