Siya Ram Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56270 of 2025 Arising Out of PS. Case No.-814 Year-2024 Thana- COMPLAINT CASE - ROSERA District- Samastipur ====================================================== Siya Ram Pandit S/O Late Rameshwar Pandit R/O Village- Hawaspur, P.O. and P.S.- Patori, Distt.- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rupesh Kumar Tiwari S/o Ram Naresh Tiwari R/O Vill.- Sahpur Parohi, Post- Chakhabbi, P.S.- Bibhutipur, Dist.- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 318(4), 316(2) of the Bharatiya Nyaya Sanhita.

3. As per complaint petition, petitioner agreed to purchase the land of complainant vide agreement dated 03.03.2023. It is alleged that petitioner paid Rs. 16.60 lacs to the complainant on the assurance that remaining amount will be paid in his bank account after which complainant executed the sale deed in favour of the petitioner but later on, petitioner failed to pay the remaining amount, despite repeated requests from the complainant.

4. Learned counsel for the petitioner submits that petitioner is purchaser of the land in question and has purchased

Patna High Court CR. MISC. No.56270 of 2025(2) dt.25-08-2025 2/2 the same after payment of due consideration money. From perusal of the complaint petition, it is apparent that complainant executed the sale deed after getting full and final amount and only after execution of the sale deed, this false and concocted case has been lodged. Dispute is out and out civil in nature. Petitioner claims clean antecedent.

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

6. Considering backdrop of the case, nature of accusation and clean antecedent, 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 bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Complaint Case No. 814 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