Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49161 of 2023 Arising Out of PS. Case No.-379 Year-2018 Thana- DANAPUR District- Patna ====================================================== SANTOSH KUMAR SON OF RAMBARAT SINGH @ RAMVRAT SINGH RESIDENT OF MOHALLA- RUKUNPURA, GRILL SHOP, CHULHAI CHAK, P.S. RUPASPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard the parties.

2. The petitioner apprehend his arrest in connection with Danapur P.S. Case No.379 of 2018, registered for the offence punishable under Sections 406, 420 and other allied Sections of the Indian Penal Code.

3. The allegation against the petitioner is that he got executed sale deed of land in favour of the informant, but the said land could not be mutated in informant's name because of papers of the said land were not proper.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.49161 of 2023(4) dt.12-10-2023 2/2 omnibus in nature. He submits that there is no specific overt act against the petitioner. Petitioner was neither mediator nor he was identifier nor witness on the alleged sale deed. He further submits that the land was sold by one Ashish Kumar to the informant and the entire transfer of money held between the informant and Ashish Kumar. Petitioner has three criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

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