Raju Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69984 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== RAJU KUMAR PANDEY S/O LATE KAMAL KISHOR PANDEY R/O VILLAGE- UDHAURA, WARD NO.9, P.S- SIMARI, DISTT.- BUXAR AT PRESENT R/O VILLAGE- BARKI SARIMPUR, NEAR NORTH OF MADHUBAN MALL, P.S- BUXAR INDUSTRIAL AREA, DISTT.- BUXAR.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

AMRENDRA KUMAR UPADHAYAY S/O LATE SAROJ KUMAR UPADHAYAY R/O MAIN ROAD, GOLAMBAR BUXAR, BEHIND MAHABIR MANDIR, PS- INDUSTRIAL AREA, DISTT.- BUXAR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Arvind Kumar Pradhan, Advocate For the State :

Mr. Bhanu Pratap Singh, APP For the O.P. No.2 : Dr. Kamaldeo Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the opposite party no.2.

2. The petitioner apprehends his arrest in Buxar Industrial Area P.S. Case No. 164 of 2023 registered for the offences punishable under Section 406/420 of the Indian Penal Code.

3. The petitioner is said to have taken a sum of Rs.55,00,000/- from the informant in lieu of to register a sale deed but neither the sale deed was registered nor the money was returned.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely

Patna High Court CR. MISC. No.69984 of 2023(4) dt.16-04-2024 2/3 implicated in this case. It is further submitted that the petitioner has not received a single rupee from the informant and the said land deal story is false and concocted set up by the informant. It is further submitted that the police during the course of investigation has not found any document regarding the alleged transaction of the said amount between the petitioner and the informant. The petitioner has four criminal antecedents of similar nature of the offence as stated in para-2 of the supplementary affidavit.

5. Learned APP for the State assisted by learned counsel for the opposite party no.2 vehemently opposing the bail petition submitted that the petitioner is a habitual offender of such type of offences, which is evident from his criminal antecedents and the allegations are serious in nature, hence the petitioner does not deserve anticipatory bail.

6. By order dated 02.11.2023, this matter was sent to the Patna High Court Mediation and Conciliation Center for amicable solution of the dispute, which has failed.

7. Considering the facts and circumstances of case, the nature of the offence and the criminal antecedent of the petitioner which are for similar nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for

Patna High Court CR. MISC. No.69984 of 2023(4) dt.16-04-2024 3/3 anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.

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