Arjun Rishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74974 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Arjun Rishi, Male, aged about 30 years, son of Dilip Rishideo @ Dilip Rishi, Resident of Village Barsauni, Near KIA Car Showroom, P.S. Sadar, Dist. Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Hussain, Adv.
For the Opposite Party/s :
Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sadar P.S. Case No. 129 of 2023 instituted for the offences under Sections 406/420 of the Indian Penal Code.
3. The prosecution case, in short, is that, two agreements were executed, one between Informant and Parwati Devi and Ravi Mandal in respect of land bearing Khata No.99, Plot No. 450, Area 12 decimal on 30.06.2022 and another between the Informant and Binod Agarwal and Suman Agarwal and both the agreements were executed through Mediator namely Kumod Kumar Paswan. It is alleged that the amount of Rs. 20,00,000/- was taken through the Mediator namely Kumod
Patna High Court CR. MISC. No.74974 of 2024(2) dt.22-10-2024 2/3 Kumar on different dates and they had to do the registry of the aforesaid land mentioned in the agreement on 06.01.2023. It is further alleged that the Informant requested them to extend the date of registry due to ill health of Parwati Devi. It is further alleged that on 15.01.2023, the Informant got message on mobile phone through Arjun Rishi (Petitioner) that Kumod Paswan has been arrested by the police in another case and for taking bail of Kumod Paswan, some amount is required and also asked for paying Rs. 1,20,000/- in the account of Kumod Paswan. It is further alleged that the Informant paid the entire amount in the account of Kumod Paswan for execution of the sale deed and thereafter tried to contact with them on mobile phone but, the Informant could not contact with them.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. He further submits that the entire amount as per agreement has been transferred in the account of the co-accused Kumod Paswan who was Mediator and through whom the agreement was executed. The petitioner is neither concerned with the execution of the agreement nor is concerned with any transaction made between the Informant and the co-
Patna High Court CR. MISC. No.74974 of 2024(2) dt.22-10-2024 3/3 accused Kumod Paswan. He further submits that no offence under Section 406/420 of the I.P.C. is made out against the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 11.05.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S. Case No. 129 of 2023. (Rudra Prakash Mishra, J) rishi/- U T