Anshuman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85501 of 2023 Arising Out of PS. Case No.-2360 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Anshuman Kumar Singh S/o Sri Sachidanand Singh, R/O Village- Madrouni, P.S.- Rangra, District -Bhagalpur (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri Krishna Singh S/o Sri Vijay Kumar Singh R/O Vill-Aaibang, P/O and P S Sarsi, Dist- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Complaint Case No. 2360 of 2022, filed on 28.11.2022 in which processes have been directed to be issued after cognizance being taken for the offences under Sections 406 and 420 of the Indian Penal Code.

3. As per prosecution case, the complainant entered into an agreement for sale with co-accused Satyendra Thakur and this petitioner put his signature on the agreement for sale as a witness. But the co-accused even after taking Rs.4,70,000/- from the complainant did not transfer the land in

Patna High Court CR. MISC. No.85501 of 2023(2) dt.18-01-2024 2/3 his name.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is merely a witness on the document of agreement for sale. Two agreements are prepared and both were signed by the petitioner only as a witness. The petitioner could be said to be a mediator between the two parties. The petitioner has not taken a single penny in the whole transaction. Since the petitioner has been a go between, in order to pressurize him, the instant case has been lodged against the petitioner though he is not a beneficiary in the transaction. If the co-accused persons are not transferring the land, the petitioner could not be faulted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the civil nature of dispute and further considering the fact that the petitioner is simply a witness of the document of agreement for sale, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) with two

Patna High Court CR. MISC. No.85501 of 2023(2) dt.18-01-2024 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Purnea/concerned court in connection with Complaint Case No. 2360 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T