Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42623 of 2025 Arising Out of PS. Case No.-195 Year-2024 Thana- SAMASTIPUR District- Samastipur ====================================================== 1.

Awadhesh Singh Son of Late Ram Pukar Singh Village- Dhurbgama PS -Kalyanpur Distt -Samatipur 2.

Gauri Shankar Pandey son of Ram Ekwal Pandey village- Madhepura tole Prayagbari, Ps- Hathuri, Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dinesh Kumar Ray son of Ram Chandra Ray village- Dharampur, PsMuffasil, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Om Prakash Om For the State :

Mr. Nitya Nand Tiwary For the Informant :

Mr. Aniket Kr. Thakur Mr. Neerad Parashar Mr. Saurav Barial ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioners as well as informant and learned APP for the State.

2. The petitioners are apprehending their arrest in Samastipur Town P.S. Case No. 195 of 2024 registered under Sections 316(2), 318(4), 3(5) of the BNS, 2023.

3. As per allegation, all the FIR named accused persons including these petitioners conspired to defraud and commit breach of trust by agreeing to sell a plot of land, for which the informant paid an advance of Rs. 36 lakh.

4. It has been submitted on behalf of the petitioners that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.42623 of 2025(5) dt.27-11-2025 2/2 present case. They are persons of clean antecedent. Learned counsel has further submitted that the land which was allegedly assured to be sold in favour of complainant, was in the name of co-accused Mina Sinha. She was supposed to execute the sale deed in favour of the informant. The petitioners only collect rent of the house of the Mina Sinha and they have no concern with the alleged transaction. He has further submitted that this case is pure civil dispute and co-accused Meena Sinha has been granted privilege of anticipatory bail (Annexure-2) by the learned Court below vide order dated 29.01.2025.

5. Learned counsel appearing on behalf of informant as well as State opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Samastipur Town P.S. Case No. 195 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure./ 482(2) of the BNSS, 2023. (Nawneet Kumar Pandey, J) priyanka/- U T