Arvind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66372 of 2023 Arising Out of PS. Case No.-222 Year-2023 Thana- DIGHA District- Patna ====================================================== Arvind Singh Son Of Mahendra Singh Resident Of Mohalla Rajeev Nagar, Ps Rajeev Nagar, Dist- Patna ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Sri Anup Singh S/O Sri Bharat Singh R/O Flat No. 204, Block-B, Arpana Complex, Makhdumpur Digha, P.S- Digha, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP.

For the Informant :

Mr. Rajesh Ranjan No.1, Adv.

Mr. Atul Shankar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 504, 506/34 of the Indian Penal Code.

3.Allegedly all the accused persons including the petitioner are said to have taken a huge amount of money from the informant for executing the sale deed of land in question, but later on, they neither execute the sale deed nor returned the alleged amount to the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. No such

Patna High Court CR. MISC. No.66372 of 2023(3) dt.22-01-2024 2/3 occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As per the F.I.R., informant has stated that he has made payment of Rs. 1,10,00,000/- to Aman Kishore Singh through different modes. Informant has paid 10,00,000/- to the petitioner on the instruction of co-accused, Aman Kishore Singh. Petitioner has two criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner.

6. Petitioner is directed to deposit the said amount i.e. Rs. 10,00,000/- in the learned court below subject to the final outcome of the present application.

7. Informant has liberty to withdraw the said amount.

8. Having regard to the facts and circumstances of the case, there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of

Patna High Court CR. MISC. No.66372 of 2023(3) dt.22-01-2024 3/3 the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Digha P.S. Case No. 222 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T