Satyendra Singh @ Satyendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46609 of 2023 Arising Out of PS. Case No.-1105 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SATYENDRA SINGH @ SATYENDRA KUMAR SINGH Son of Sri Awadhesh Singh Resident of village - Brahampur under Ram Krishna Nagar Police Station, Ram Krishna Nagar, Distt. - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalit Kumar Son of Sri Brajraj Prasad Resident of village - Udaini under Gopalpur Police Station, Distt. - Patna at present residing at Mohalla - Telephone Colony, A.D.M. Road near Mangal Chowk, Khemanichak under Ram Krishna Nagar Police Station, Distt - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner, learned counsel for the in and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 406, 420, 506 of the Indian Penal Code and Section 138 of the N.I. Act.

3. According to the complaint case, it is case of nonexecution of sale deed. The petitioner is alleged to have taken the consideration amount from the complainant but neither he transferred the land nor even returned the said money. Hence, the present complaint was lodged.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46609 of 2023(5) dt.18-09-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is evident from vide para 12 and 13 of the petition that the alleged story of advance payment is wrong and concocted as the complainant has failed to file the original agreement for sale. As a matter of fact that the petitioner has lost some signed cheque, which fortunately came to the hand of the complainant and the complainant started misusing the same by alleging absolutely false allegations. The intention of the complainant is to squeeze money from the accused by implicating him a forge & fabricated case. Moreover, it is a case of civil in nature for which, criminal proceedings has been initiated against the petitioner which is not proper. It is further submitted that the petitioner is languishing in judicial custody since 25.07.2022.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner has received the amount in question which appears from sale agreement.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on

Patna High Court CR. MISC. No.46609 of 2023(5) dt.18-09-2023 3/3 bail in connection with Complaint Case No. 1105 (C) of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Patna. (Sunil Kumar Panwar, J) Arish/- U T