Shiv Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66282 of 2022 Arising Out of PS. Case No.-365 Year-2021 Thana- DESARI District- Vaishali ====================================================== Shiv Shankar Singh Son Of Late Shyam Sunder Singh R/V- Bhikhanpura, P.S- Desari, Dist- Vaishali, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

As per FIR, there is agreement in between the petitioner and informant to purchase a land pertaining to area 36 decimal in khata no. 71 khesra no. 1069 situated at village- Bhikhanpura for Rs. 16,70,000/- as full and final consideration. It is further alleged that on demand of the vendor (petitioner), the informant paid full amount of consideration through RTGS Cheque and cash mode but the vendor refused to execute the sale deed in favour of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.66282 of 2022(3) dt.20-03-2023 2/2 case. He submits that there is no agreement between the parties. However, the petitioner is ready to return Rs. 16,70,000/- to the informant within six months. He further submits that the petitioner has no criminal antecedent as stated in para-3 of the bail application. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Desri P.S. Case No. 365 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that all the deposits are subject to final outcome of the case against the petitioner and the learned court below would also be at liberty to cancel the bail bonds of the petitioner in case he fails to abide by his undertakings as given in the foregoing paragraph of this order.

(Anjani Kumar Sharan, J) devendra/- U T