Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53688 of 2022 Arising Out of PS. Case No.-605 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rahul Kumar Son Of Ram Balak Saw Resident Of Village - Hanuman Nagar, P.S.- Kabaia, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raushan Kumar Son of Parmanand Yadav Resident of Village - Lakhisarai, P.S.- Kabaiya, Distt.- Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 387, 420, 467, 468, 471 of the Indian Penal Code.

It is alleged by the informant that co-accused Sudhir Kumar came at the door of the informant and asked him to purchase the land of co-accused Sahdeo Manjhi. Accordingly, an agreement was executed between the parties and informant paid total

Patna High Court CR. MISC. No.53688 of 2022(2) dt.15-11-2022 2/3 consideration amount of Rs. 42 lakhs to the accused persons for purchase of the land in question. However, on repeated request, the accused persons did not execute the land in question in favour of the informant. It is alleged against the petitioner that he also threatened the informant and made assault when the informant came demanded his money back.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The land in question belongs to co-accused Sahdeo Manjhi and Sahdeo Manjhi executed Bayanama in favour of the informant. The petitioner has no concern either with Sahdeo Manjhi or the informant. The informant has not paid any amount directly to petitioner. Moreover, for the alleged transaction of 26.08.2019, the F.I.R has been lodged after three years on 20.07.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Patna High Court CR. MISC. No.53688 of 2022(2) dt.15-11-2022 3/3 In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 605 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T