Nikhil Priyadarshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32351 of 2017 Arising Out of PS. Case No.-27 Year-2017 Thana- DANAPUR District- Patna ====================================================== Nikhil Priyadarshi son of Krishna Bihari Prasad Sinha, Plot No. 11, Vishwasaraiya Nagar, Bailey Road, Police Station- Rupaspur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Ranjan, Adv For the State :
Mr. SRI DILIP KUMAR SINHA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.
This application for the grant of regular bail has been filed on behalf of the petitioner, who is in custody in connection with Danapur P.S. Case No. 27 of 2017 for the offences punishable under Sections 467, 468, 419, 420, 506 read with 34 of the Indian Penal Code.
The FIR was lodged on the basis of written complaint of Sohail Khan, Acting Officer (Karyakari Adhikari) of Helios Corporation Limited, Maharani Complex, Bypass Road, Anishabad, Patna to the Officer-in-Charge of Danapur
Patna High Court Cr.Misc. No.32351 of 2017(3) dt.02-08-2017 2/3 Police Station, Patna. In the written complaint the informant has alleged that he has been authorized by the Chairman of Helios Group of Companies to look after the property of company which includes landed property. It has been further alleged that on 01.06.2012, a plot belonging to the said company measuring 25 kathas was agreed to be sold to Nikhil Priyadarshi (petitioner) and Manish Priyadarshi and for that agreement was executed and subsequently a sale deed was also executed on 18.02.2014 and 06.03.2014 by Sanjay Kumar Singh of Helios Group of Companies to Nikhil Priyadarshi (petitioner). A cheque to the tune of Rs.
17 Crore 25 Lakhs was issued by Nikhil Priyadarshi (petitioner) and Manish Priyadarshi as consideration money for the above sale deed, but the said cheque was never encashed and later on by a deed of cancellation executed by Nikhil Priyadarshi (petitioner) and Manish Priyadarshi, the above sale deed was cancelled. It has been further alleged that on the basis of said sale deed, which was subsequently cancelled by the petitioner and his brother, the petitioner and his brother are trying to sell the aforesaid land to other persons although they are not the owner of the said land.
Patna High Court Cr.Misc. No.32351 of 2017(3) dt.02-08-2017 3/3 possession of the informant over the land, petitioner and his brother wants to dispossess the informant from the said land. Learned counsel for the petitioner submits that co-accused Manish Priyadarshi has been granted bail by this Court vide order dated 07.07.2017 passed in Criminal Miscellaneous No. 29286 of 2017.
Considering the nature of allegation as made in the written complaint and the dispute regarding execution of sale deed and vague allegation against the petitioner to sell the land by deceiting and cheating the prospective buyer by claiming to be the land owner of the said land, the petitioner is directed to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 27 of 2017. ranjan/- (S. Kumar, J) U