Patna High CourtCR. MISC./52609/2024bail granted

Rajiv Kumar Singh v. The State Of Bihar

2024-10-26Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52609 of 2024 Arising Out of PS. Case No.-831 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Rajiv Kumar Singh Son of Ashok Singh R/V- HURRAHI, P.S.- WAZIRGANJ, DISTT.- GAYA ... ... Petitioner/s

Versus

The State of Bihar 2.

REKHA DEVI WIFE OF RAM JI CHOUDHARY R/V- PALE, P.S.- WARISGANJ, DISTT.- GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navin Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP for the opposite party no.2:

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-10-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no.831 of 2022 registered for the offence punishable under sections 420, 406, 467, 468, 341, 504, 506 and 120 B of the Indian Penal Code.

3. As per prosecution case, the complainant states that she was sold a piece of land by the accused persons for which a registered sale deed was executed on 23.9.2014 and wherein the petitioner was one of the witness. It is further stated that on filing an application for mutation it transpired that the

Patna High Court CR. MISC. No.52609 of 2024(3) dt.26-10-2024 2/3 land did not belong to the accused vendor but to some other person. It is stated that complainant had been cheated by the accused persons of a total amount of Rs.4.64 lakhs.

4. Learned Senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case. Even as per the allegations in the complaint the alleged transaction of execution of the registered sale deed took place as far as back as in the year 2014 for which a complaint has been filed in the year 2022 with no explanation for the delay. The petitioner is not the vendor but is said to be one of the witness of the registered sale deed. The allegations are civil in nature. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the complaint together with the delay in lodging of the same, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no.831 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.52609 of 2024(3) dt.26-10-2024 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya.

(Partha Sarthy, J) Bibhash/- U T