Sunny Kumar Keshari @ Sunny Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.154 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- AAYAR District- Bhojpur ====================================================== 1.

Sunny Kumar Keshari @ Sunny Kumar Sah Son of Ajay Kumar Keshari @ Ajay Kumar Sah Resident of Village- Barnaon, P.S.- Aayar, Distt.- Bhojpur 2.

Ajay Kumar Keshari @ Ajay Kumar Sah Son of Late Mushi Lal Sah Resident of Village- Barnaon, P.S.- Aayar, Distt.- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered under Sections 318(4) and 351(2) of the Bharatiya Nyaya Sanhita.

3. As per F.I.R., informant and petitioners were known to each other, and they planned to purchase a plot of land in Isari Bazar. Thereafter, they agreed that they will purchase two decimal of land in the name of informant and two decimal land in the name of petitioner no. 2. On this pretext, informant gave Rs. 2,75,000/- in cash to the petitioners. Later on, informant came to know that petitioners have cheated him and have

Patna High Court CR. MISC. No.154 of 2025(2) dt.04-02-2025 2/3 purchased entire 4 decimal of land. When informant demanded his consideration amount, then petitioners refused to return the same and threatened him.

4. Learned counsel appearing on behalf of the petitioners submits that petitioner no. 1 is son of petitioner no. 2 and petitioner no. 2 is bona-fide purchaser of the land in question. As per FIR, land in question was purchased on 15.12.2021 and FIR has been lodged on 15.09.2024 after a delay of three years. As a matter of fact, informant was willing to purchase some part of land in question, but petitioners have purchased entire 4 decimal land, and therefore, this false and fabricated case has been lodged by informant only with to view to extort money from the petitioners. Moreover, the dispute involved in this case with regard to sale and purchase of land, which is purely civil in nature.

5. Learned A.P.P. appearing on behalf of the State opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case as well as the nature of dispute, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of

Patna High Court CR. MISC. No.154 of 2025(2) dt.04-02-2025 3/3 Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Ara, Bhojpur, in connection with Aayar P.S. Case No. 61 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Prabhat Kumar Singh, J) utkarsh/- U T