Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73622 of 2024 Arising Out of PS. Case No.-454 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ashish Kumar S/o Mr. Sanjay Prasad Singh R/o Village- Tope, Ward No.9, P.O. Tope, P.S.- Sahjahanpur, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Susila Devi W/o Mr. Jitendra Prasad R/o Village- Bhawalpur, P.O.- Eiara, P.S.- Kurtha, District- Arwal, at present C/o Mr. Badri Narayan Singh (Advocate), resident of Mohalla- Yrpur Yogiatola, P.S.- Gardanibagh, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr.Satyendra Prasad,APP Mr. M.L.Mahto, Adv.for OP2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 406, 420 of the Indian Penal Code.
3. As per the prosecution case, co-accused Khushbu Pandey and co-accused Monu Kumar received total Rs. 60 lakh from the complainant, as consideration money, for sale of a piece of land, but they refused to execute the sale-deed in favour of complainant and also failed to return the aforesaid money. It is further alleged that out of aforesaid 60 lakh, Rs. 6,50,000/- has been paid in the account of this petitioner.
Patna High Court CR. MISC. No.73622 of 2024(4) dt.29-01-2025 2/3
4. Learned counsel for the petitioner submits that the agreement was made in between the complainant and coaccused Khushbu Pandey and pursuant to that agreement, money was transferred in the account of accused persons. As a matter of fact, co-accused Monu Kumar had shown a piece of land to this petitioner and for purchasing the same, petitioner had paid Rs. 6,50,000/-, as advance money, to co-accused, but when petitioner came to know that the said land is in the share of uncle of co-accused Monu Kumar, he refused to purchase the said land and then co-accused assured this petitioner to return the said amount and accordingly, the said amount was transferred in the account of this petitioner at the behest of coaccused Monu Kumar. Petitioner was not party to that agreement and has got no concern with the alleged transaction. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State and learned counsel for opposite party no. 2 opposed the prayer for anticipatory bail of petitioner.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.73622 of 2024(4) dt.29-01-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City (Patna) in connection with Compliant Case No. 454 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T