Sushila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61800 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- SAHPUR District- Patna ====================================================== 1.
Sushila Devi W/o- Late Sanjay Singh @ Late Sanjay Kumar Singh Village - Hanumanganj P. S. - Shahpur Dist. -Patna 2.
Rahul Patel @ Rahul Raj Son of Late Sanjay Singh @ Late Sanjay Kumar Singh Village - Hanumanganj P. S. - Shahpur Dist. -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Uma Shankar Singh, Advocate For the State :
Mr. Ajay Kumar Jha, APP For the Informant :
Mr. Anshul, Sr. Advocate Mr. Vivekanand Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420, 467, 471 and 120B of the Indian Penal Code.
3. As per prosecution case, informant, namely Vikash Kumar, alleged that on 18.11.2022, he and his partner entered into an agreement of sale with all the F.I.R. named accused persons, including these petitioners, for sale of 2 acres and 21 decimals of land and paid Rs. 2,00,50,000/- as consideration money. It is alleged that despite receiving full consideration money, only 16 Kathas of land were registered in the name of informant and later, he found that these petitioners have sold
Patna High Court CR. MISC. No.61800 of 2024(7) dt.07-04-2025 2/3 part of agreed land to others.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that dispute is civil in nature with regard to sale and purchase of the land for which informant has got alternative remedy. None of the acts allegedly committed by these petitioners would give rise to any criminal offence. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned senior counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the nature of dispute and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur (Patna) in connection with Shahpur P.S. Case No. 44 of 2024,
Patna High Court CR. MISC. No.61800 of 2024(7) dt.07-04-2025 3/3 subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T