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Patna High CourtCR. MISC./90336/2024dismissed

Ramesh Kumar Singh v. The State Of Bihar

2025-05-05Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90336 of 2024 Arising Out of PS. Case No.-1019 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Ramesh Kumar Singh S/O Munshi Singh Resident of Village- Nakkipur, P.S.- Kohra, District- Kaithar ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Vijay Mehta S/O Late Shankar Mehta Resident of Village- Guru Bazar, P.S.- Barari, District- Kaithar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Musowir, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2025 Heard Mr. Musowir, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection Katihar C.A. Case No. 1019 of 2023, F.I.R. dated 09.06.2023 for the offences punishable under Sections 323, 420, 468, 471, 120(B), 504 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

Patna High Court CR. MISC. No.90336 of 2024(4) dt.05-05-2025 2/3

4. Learned counsel for the complainant has filed a counter affidavit and submits that the petitioner and other coaccused persons have taken Rs. 16 lakhs out of Rs. 2,01,51,000/- from the complainant in lieu of the land bearing Khata No. 109, Plot No. 52, 54, 56 total area measuring 02 acresw 23 decimals situated at Mauza Tiyarpara, Thana No. 82 Anchal Katiahr through an agreement dated 11.02.2019 ( Annexure-R/1). He further submits that from the perusal of the aforesaid agreement, it transpires that the petitioner has taken Rs,. 20 lakhs from the complainant with an assurance that he shall execute the land in question in favour of the complainant but the petitioner neither executed any sale deed in favour of the complainant not he returned the amount in question to the complainant.

5. On the last occasion i.e. on 23.04.2025, learned counsel for the petitioner has assured this Court that he will bring the Demand Draft in favour of the complainant on the next date.

6. Today when the matter was called out, learned counsel for the petitioner outrightly submits that the petitioner is not ready to pay any single amount to the complainant. In view of the aforesaid, this Court has no other option but to refuse the

Patna High Court CR. MISC. No.90336 of 2024(4) dt.05-05-2025 3/3 present bail application.

7. Considering the allegation, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Katihar C.A. Case No. 1019 of 2023, pending in the court of learned J.M.-I, Katihar.

8. Prayer is refused.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U T