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Patna High CourtCR. MISC./70829/2023disposed

Sanjay Kumar Suman v. The State Of Bihar

2024-04-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70829 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== SANJAY KUMAR SUMAN S/O LATE HORIL RAM R/O WARD NO. 1, DARARPUR, P.O- GORIGAMA, P.S- MAHNAR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAJEEV RANJAN S/O LATE KAILASH SINGH R/O TARA CHAURI WARD NO. 14, P.S- MAHNAR, DISTT.- VAISHALI.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh Md.Shadab Alam Wazdi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406 and 420 of the IPC. 3.

As per the prosecution case, for purchase of a piece of land fixed at the rate of Rs.8 Lakhs, the informant paid Rs.5 Lakhs to the petitioner but the petitioner did not transfer the land to the informant. The petitioner is alleged to have committed fraudulence with the informant as the said land was already sold to family of one Lallu Singh.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.70829 of 2023(5) dt.09-04-2024 2/2 has been falsely implicated in this case due to malafide intention. It is submitted that the petitioner is agreed to return the said amount of Rs.Five Lakhs to the O.P. No.2 within a period of four weeks. Petitioner has no criminal antecedent. 5.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of six weeks from today, 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 the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahnar P.S. Case No.143 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 6.

The provisional bail of the petitioner shall be confirmed by the learned court below itself after verifying that the petitioner has paid the amount of Rs.Five Lakhs to the informant.

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