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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49542 of 2025 Arising Out of PS. Case No.-181 Year-2023 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Dinesh Kumar Singh @ Dinesh Kumar S/O Ramshish Singh R/O VillageMustafapur, P.S- Khusrupur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the Complainant :

Mr. Shyamal Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.

2. The petitioner seeks bail in connection with Patna City Complaint Case No. 181 of 2023 instituted for the offences under Sections 406, 420, 467, 468, 504, 323, 341, 34 of Indian Penal Code and Section 138 of the Negotiable Instruments Act.

3. Prosecution case, in short, is that the accused persons, after receiving the entire sale consideration for land through baibeyana dishonestly failed to execute the sale deed and also issued cheques which were dishonoured, thereby committing cheating, breach of trust, and criminal intimidation.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.49542 of 2025(2) dt.05-08-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that petitioner is being dragged in this case which arises out of a civil dispute relating to land and monetary transactions and no direct allegation or monetary exchange is attributed to him. Learned counsel further submitted that petitioner is not a beneficiary of the alleged amount nor has he executed any baibeyana in favour of the complainant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.03.2025 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the complainant vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patna City Complaint Case No. 181 of 2023, subject to the following

Patna High Court CR. MISC. No.49542 of 2025(2) dt.05-08-2025 3/3 conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T