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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47762 of 2023 Arising Out of PS. Case No.-654 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 Ramkrishna Nagar, District- 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, District- Patna At Present Residing At MohallaTelephone Colony, A.D.M. Road Near Mangal Chowk, Khemanichak Under Ram Krishna Nagar, Police Station, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhukar Anand For the State :

Mr. Uday Chand Prasad For the Complainant/s :

Mr. Awadhesh Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner, learned counsel for the complainant 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 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.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47762 of 2023(5) dt.19-09-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the fraud was alleged to have committed on 27.1.2020 the date on which the agreement for sale was executed, the complaint ought not have entered into a fresh sale purchase agreement with the same person on 17.3.2020. 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 26.7.2022.

5. Learned APP appearing for the state and learned counsel for the complainant 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 bail in connection with Complaint Case No. 654© of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.47762 of 2023(5) dt.19-09-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T