Santosh Kumar @ Santosh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45430 of 2018 Arising Out of PS.Case No. -338 Year- 2017 Thana -RAMKRISHNANAGAR District- PATNA ======================================================

1. Santosh Kumar @ Santosh Bhagat S/o Pradeep Bhagat Resident of Village- Brahampur, P.S. Ramkrishna Nagar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Ram Krishna Nagar P.S. Case No. 338 of 2017, registered for offences punishable under Sections 406/420 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that the informant had purchased the land from the land owner Smt. Lalita Sinha with an agreement for executing the sale deed on deposit of Rs.. 48, 00,000/- and for this Rs. 20, 00,000/- was paid and Rs. 28, 00,000/- is dues. It is further alleged that the complainant paid Rs. 6,00,000/- to the Middleman ( father of the petitioner) and thereafter, the informant has received a notice that the sale deed was not made with true legal owner, as such the petitioner has cheated the complainant.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.45430 of 2018 (2) dt.02-08-2018 2/2 that he has been falsely implicated in this case and neither he has executed any deed of agreement nor as a witness present at the time of the agreement of sale deed rather, the father of the petitioner is only one person, who handled the case and as such the petitioner is not involved in this case and as such no case has been made against the petitioner..

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Shri Sukul Ram learned Judicial Magistrate, 1st class, Patna in connection with Ram Krishna Nagar P.S.Case No. 338 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T