Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77389 of 2024 Arising Out of PS. Case No.-978 Year-2023 Thana- BIHTA District- Patna ====================================================== Amit Kumar Son of Harendra Singh R/O Vill.- Bisarpur, P.S.- Bihta, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Sinha No. 1, Advocate For the Opposite Party/s:

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner apprehends his arrest in connection with a case registered for the offence under Sections 467, 468, 471, 420, 406, 341, 323, 504, 506, 354, 325, 34 of the I.P.C. 3.

The prosecution case is based upon a complaint filed by the complainant which was subsequently sent for institution FIR under Section 156(3) of the Cr.PC. The allegation in the said complaint is mainly upon one Amar Kumar, against whom allegation has been made that after receiving Rupees Four Lakhs from the informant, got a sale deed executed through his mother in the name of the informant. The petitioner was a witness of the said sale deed. The further allegation on the said Amar Kumar is that he never gave possession of the land to the informant nor

Patna High Court CR. MISC. No.77389 of 2024(3) dt.22-04-2025 2/3 returned the money.

4.

The learned counsel for the petitioner submits that from perusal of the FIR itself it appears that the thrust of allegations is against Amar Kumar, who got the sale deed executed through his mother and never gave the possession of the said land to the informant and also did not return the money which he had taken from the informant. So far as the allegation on the petitioner is concerned, there is nothing more in the entire complaint but for the fact that he was a witness to the sale deed in question. It is further submitted that anticipatory bail of the main accused, Amar Kumar has already been rejected vide order dated 20.08.2024 passed in Cr. Misc. No.46815 of 2024. 5.

Learned APP for the State opposed the prayer for anticipatory bail. 6.

Considering all the facts and circumstances of the case and also that the petitioner has no criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJ 1, Danapur, Patna, in connection with Bihta P.S.

Patna High Court CR. MISC. No.77389 of 2024(3) dt.22-04-2025 3/3 Case No.978 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) shikha/- U T