Patna High CourtCR. MISC./45912/2023bail granted

Anant Kumar Singh v. The State Of Bihar

2024-10-04Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45912 of 2023 Arising Out of PS. Case No.-464 Year-2018 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== ANANT KUMAR SINGH S/O JEEVAN KUMAR SINGH R/O VILLAGEMOHANPUR, PS. RUPAULI, DIST. PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR 2.

BIBI AKHATRI KHATOON W/O MOHAMMAD DIDAR SAH R/O VILLAGE- DARGAH, PS. BHAWANIPUR, DIST. PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-10-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 464 of 2018 for the offence under sections 120(B), 420, 406, 465, 466, 468, 471, 504, 34 of the IPC lodged on 28.08.2018 by the informant.

3. As per the prosecution story, the informant alleged that with the common intention to cheat the accused, Sona Singh executed sale-deed showing forged document of his late grand-father and in the process, allegation is that this petitioner along with Kundan Kumar Singh signed their respective signatures before the Registrar, Dhamdaha and accordingly, altogether Rs. 7.69 Lacs were taken under criminal conspiracy.

Patna High Court CR. MISC. No.45912 of 2023(3) dt.04-10-2024 2/3 When the said facts came to the notice, the accused persons earlier assured, but later, started abusing and refused to return the amount. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that on being requested by Sona Singh, he simply put his signature as a witness, it is not the case of the complainant that he ever gave any amount to him.

5. Learned counsel for the complainant has appeared and submits that the anticipatory bail application of Sona Singh was earlier rejected on 11.08.2023 in Cr.Misc. No. 47432 of 2023.

6. Main allegation is against Sona Singh and the petitioner has appeared as a witness, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner, above named, be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with aforesaid Complaint Case, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:-

Patna High Court CR. MISC. No.45912 of 2023(3) dt.04-10-2024 3/3 (i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T