Patna High CourtCR. MISC./8269/2021bail granted

Sanjay Pandey @ Sanjay Kumar Pandey v. The State Of Bihar

2025-12-05Mr. Justice Prabhat Kumar Singh5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8269 of 2021 Arising Out of PS. Case No.-10 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Sanjay Pandey @ Sanjay Kumar Pandey S/o Gopal Pandey Resident of Village- Turi kala, P.S.- Magadh University, Distt- Gaya. ... ... Petitioner/s

Versus

The State Of Bihar 2.

Asha Shalini @ Aisha Wife of Late Paul Anand Lal R/O Mohalla- Anugrah Puri Road, Qt. No. 277, P.s.- Rampur, Dist.- Gaya. At Present 99/63, Stanle Road, Bailey Colony, Dahiwan, Allahabad, U.P., Pin-211002 ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25466 of 2021 Arising Out of PS. Case No.-10 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Mahendra Kumar Son Of Rabindra Kumar R/O Village- Turi Kalan, P.S.- Magadh University, Bodhgaya, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 55446 of 2021 Arising Out of PS. Case No.-10 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Indar Paswan @ Indra Paswan Son Of Late Shivnandan Paswan Resident of Village- Hario, Police Station- Magadh University, District- Gaya. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 8269 of 2021)

2/5 For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.APP (In CRIMINAL MISCELLANEOUS No. 25466 of 2021) For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.APP.

(In CRIMINAL MISCELLANEOUS No. 55446 of 2021) For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner(s) and learned A.P.P. for the State in all the aforesaid three cases.

2. The petitioners seek bail in Magadh University P.S. Case No. 10 of 2019, registered for offence under Sections 420, 467, 468, 120(B) of the Indian Penal Code.

3. It is alleged that these petitioners, in connivance with other co-accused persons, got the land of the informant and her daughters transferred by producing some persons in place of informant and her daughters and putting false signatures and thereby, got the sale-deed executed in their name. In Cr.Misc. No. 8269 of 2021

4. Learned counsel for the petitioner (Sanjay Pandey) submits that petitioner is bonafide purchaser of the land in question after making payment of due consideration money. He further submits that petitioner is victim of circumstances and even after paying money of his 1/3 share of total purchased land, he has been made accused in this case. Moreover, the dispute is purely civil in nature and no criminal offence is made

3/5 out. Informant has got some other alternative remedy. The petitioner is in custody since 13.09.2020. Lastly, learned counsel for the petitioner submits that earlier, vide order dated 26.05.2021, the petitioner was extended the privilege of provisional bail by a coordinate Bench of this Court.

5. Considering the nature of accusation and the fact that dispute is purely civil in nature, the provisional bail granted to the petitioner, vide order dated 26.05.2021, is hereby confirmed and petitioner is directed to remain on same bailbond. In Cr.Misc. No. 25466 of 2021

6. Learned counsel for the petitioner (Mahendra Kumar) submits that petitioner has been made accused in this case merely because he had identified the women, who had transferred the land in favour of the vendee. Moreover, the dispute is purely civil in nature. The petitioner is in custody since 08.12.2020. Lastly, learned counsel for the petitioner submits that earlier, vide order dated 23.09.2021, the petitioner was extended the privilege of provisional bail by a coordinate Bench of this Court.

7. Considering the fact that petitioner is only identifier in the alleged sale-deed and the fact that dispute is purely civil

4/5 in nature, the provisional bail granted to the petitioner, vide order dated 23.09.2021, is hereby confirmed and petitioner is directed to remain on same bail-bond.

In Cr.Misc. No. 55446 of 2021

8. Learned counsel for the petitioner (Indar Paswan @ Indra Paswan) submits that petitioner is purchaser of the land in question. The alleged sale-deed has been executed in favour of petitioner and others by the informant herself and her two daughters after taking full consideration money, but only with an oblique motive, this false case has been lodged. Moreover, the dispute is purely civil in nature. The petitioner is in custody since 14.09.2020. Lastly, learned counsel for the petitioner submits that earlier, vide order dated 04.04.2022, the petitioner was extended the privilege of provisional bail by a coordinate Bench of this Court.

9. In the facts and circumstances of this case, the provisional bail granted to the petitioner, vide order dated 04.04.2022, is hereby confirmed and petitioner is directed to remain on same bail-bond.

10. Learned Additional Public Prosecutors appearing on behalf of State vehemently opposed all the aforesaid three bail petitions.

5/5

11. In view of the above, all the aforesaid three bail petitions are allowed.

(Prabhat Kumar Singh, J) anay U T