Upendra Kumar Singh @ Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7344 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== Upendra Kumar Singh @ Upendra Singh Son of Late Chandeshwar Singh R/O village - Ranipur, P.S.- Phulwari, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Buddha Colony P.S Case No. 95 of 2022 dated 07.03.2022 registered for the offence punishable u/ss 406 and 420 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with other accused executed a deed of agreement to sell a piece of land and on this pretext they took Rs. 9 lacs from

Patna High Court CR. MISC. No.7344 of 2023(8) dt.18-12-2023 2/3 the informant but they never executed sale deed in favour of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that there is no cheat of paper to support the allegation. It is further submitted that the agreement took place in the year 2012 and after about 10 years the F.I.R. was lodged without any explanation. The coaccused person has already granted anticipatory bail by the Coordinate Bench of this court vide order dated 11.05.2023 passed in Cr. Misc. No. 6471 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.7344 of 2023(8) dt.18-12-2023 3/3 the learned court concerned, Patna in connection with Buddha Colony P.S Case No. 95 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T