Santosh Bhagat @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48815 of 2024 Arising Out of PS. Case No.-2932 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Santosh Bhagat @ Santosh Kumar son of Late Pradeep Pd. @ Late Pradeep Bhagat @ Pradeep Kumar Village- Brahmpur Ps- Ramkrishna Nagar DistPatna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arun Kumar son of Late Ram Ayodhya Singh Village- Rampur Smail PoBahpura Ps- Bihta Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Narayan Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 419, 420, 406 of the Indian Penal Code.

3. According to the complaint case, at the instance of the petitioner, the complainant paid total Rs. 11,00,000/- (eleven lakh rupees) to one Digambar Prasad Singh and Rs. 10,00,000/- (ten lakh rupees) to one Urmila Devi on the basis of two registered agreement for sale deed dated 22.07.2016

Patna High Court CR. MISC. No.48815 of 2024(5) dt.18-01-2025 2/3 and 22.08.2016 respectively. When the complainant went to the land to get it measured, other persons, impersonating themselves as son of Urmila Devi came their and denied to execute the agreement for sale deed.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is completely unknown for this matter and he is not related with it in any manner. He has been dragged in this case merely on the fact that he is the son of co-accused Pradeep Bhagat.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case and perusal of the complaint petition as well as SA of complainant, it clearly transpires that no allegation has been levelled against the petitioner regarding any inducement, cheating and criminal breach of trust at all, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in

Patna High Court CR. MISC. No.48815 of 2024(5) dt.18-01-2025 3/3 the event of his arrest or surrender in connection with Complaint case No. 2932(c) of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Nirajkrs/- U T