Ajay Kumar @ Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60332 of 2025 Arising Out of PS. Case No.-5167 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ajay Kumar @ Ajay Kumar Singh S/o Binod Kumar Singh R/o Village - Brahmpur, P.S - Ramkrishna Nagar, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalit Kumar S/o Sri Braj Raj Prasad R/o Village - Udaini, P.S - Gopalpur, District - Patna Presently residing at Mohalla - Telephone Colony, A.D.M Road, Near Mangal Chauk, Khemnichak, P.S - Ramkrishna Nagar, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rasika, Advocate Ms. Priti, Advocate Ms. Jyoti Singh, Advocate Mr. Arvind Kumar, Advocate Mr. Janmejay Girdhar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 420 and 120(B) of the I.P.C.

3. As per the prosecution case, pursuant to an agreement for sale executed between the parties, the complainant paid a total sum of Rs. 35,50,000/- to accused Ajay Kumar. On 15.02.2018, when the complainant requested the accused persons to execute the sale deed, they refused on one pretext or another. Thereafter, the accused persons, in conspiracy, executed a Darbaibeyana (re-agreement for sale) deed in respect of a wrong khata and plot number. On

Patna High Court CR. MISC. No.60332 of 2025(2) dt.09-09-2025 2/3 demanding refund of the aforesaid amount, the petitioners not only refused to return the money but also allegedly threatened the complainant with dire consequences.

4. Learned counsel for the petitioner submits that, as alleged in the complaint, the complainant had given several cheques to the petitioner, but no consideration money was ever received. The petitioner has annexed his bank statement for the period 01.03.2018 to 31.12.2019 to substantiate the same. He further submits that the petitioner had given Rs. 13,25,000/- as loan to the complainant, and in return the complainant issued a cheque in his favour, which was dishonoured and then this petitioner has also lodged an F.I.R. against the complainant vide Ramkrishna Nagar P.S. Case No. 240 of 2020 in which chargesheet has been submitted. In retaliation, this false case has been lodged against this petitioner to harass him.

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

6. Considering the backdrop of the case, nature of accusation, case and counter-case between the parties and other circumstances of the case, 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

Patna High Court CR. MISC. No.60332 of 2025(2) dt.09-09-2025 3/3 weeks from today, be enlarged 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 C.J.M., Patna in connection with Complaint Case No. 5167(c) of 2021, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) aditya/- U T