Laleshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62346 of 2025 Arising Out of PS. Case No.-539 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Laleshwar Prasad S/o Late Shital Bhagat R/o Village- Chandpur (Chandapur) Nadiawa, P.S. Kakko, District- Jehanabad ... ... Petitioner

Versus

1.

The State of Bihar 2.

Abhay Kumar S/o Dudheshwasr Singh R/o Village- Kinari, P.S.- Jehanabad (Kalpa O.P.), District- Jehanabad ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Paras Nath, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No.539 of 2017, filed for the offences punishable under Sections 406, 420, 467, 468 and 120B of the Indian Penal Code.

3. As per allegation, the Petitioner, Laleshwar Prasad entered into an agreement for sale with the Complainant to sell his landed property. Even part payment was made to the Petitioner by the Complainant but the Complainant came to know that the Petitioner has already executed power of attorney in favour of someone else in regard to the landed property, and

Patna High Court CR. MISC. No.62346 of 2025(2) dt.10-09-2025 2/3 hence, the sale could not be executed and despite repeated requests he is not executing the sale deed.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the Petitioner is a government employee and he has never entered into any agreement for sale to the Complainant, nor has he received any money nor even any notice. The whole case is base on false and concocted facts.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.62346 of 2025(2) dt.10-09-2025 3/3 satisfaction of learned concerned Court below, in connection with Complaint Case No.539 of 2017, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T