Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54861 of 2024 Arising Out of PS. Case No.-373 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Ashok Kumar Singh Son of Late Triveni Prasad Singh House no. J - 35, P C Colony, P.O. -Lohiya Nagar, P.S.- Kankarbagh, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jyoti Bhushan Kumar Son of Rajeshwar Prasad @ Rajeshwar Prasad Singh R/O Mohalla- House no. A-12, P C Colony, P.O. -Lohiya Nagar, P.S.- Kankarbagh, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvnendra Kumar Thakur, Adv.

For the State :

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Anil Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner along with other co-accused persons conspired and cheated huge amount for the informant on the pretext of selling a land.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.54861 of 2024(4) dt.14-11-2024 2/2 this matter is entirely a civil dispute. He fairly submits that the informant has already filed a Title Suit bearing T.S. No. 233 of 2022, which is pending in the learned Trial Court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that it is a civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kankarbag P.S. Case No. 373 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The petitioner is directed to co-operate in the title suit bearing T.S. No. 233 of 2022 and would appear in the learned Trial Court, when required.

(Anjani Kumar Sharan, J) anand/- U T