Haresh Kumar @ Haresh Baitha @ Haresh Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50033 of 2025 Arising Out of PS. Case No.-123 Year-2024 Thana- Hariharnath P.S. District- Saran ====================================================== Haresh Kumar @ Haresh Baitha @ Haresh Kumar Rajak S/O Dashrath Baitha R/O Village- Paharichak Perveja Bad (Sonpur), P.S- Harihar Nath, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

For the Informant :

Mr. Nawal Kishore Singh, Mr. Kamlesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. It is alleged that co-accused Dhanushdhari Baitha fraudulently sold the land of informant to this petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is bone fide purchaser of the land in question and purchased the same after payment of due consideration money as such, he cannot be held responsible for alleged fraud. As a matter of fact,

Patna High Court CR. MISC. No.50033 of 2025(2) dt.27-08-2025 2/2 petitioner himself is a victim of fraudulent transaction. Moreover, dispute involved in this case is regarding sale and purchase of land which is purely civil in nature. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran in connection with Harihar Nath P. S. Case No. 123 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T