Yasoverdhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91895 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- ARARIA District- Araria ====================================================== Yasoverdhan Singh Son of Late Anand Singh @ Abhay Singh R/o Village - Tamghatti Ward no. 1, P.S. - Bausi Basaiti, Raniganj, Dist. - Araria. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Baibhav Kumar Son of Dilip Kumar Choudhary R/o Shivpuri Ward no. 09, P.O., P.S. and Dist. - Araria.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bajarangi Lal For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.
3. The prosecution story, in brief, is that one Baibhaw Kumar, aged about 25 years, claiming himself as a practicing advocate of the Hon'ble Delhi High court has lodged a written information before the SHO, Araria PS on 06-06-2024 alleging therein that after retirement father of the informant Mr. Dilip Kumar Choudhary contacted a broker to buy land in name of his mother Mrs. Pramila Devi from his retirement amount. And he
2/4 came to contact of one Manoj Yadav, age-30 years, father Bhunveshwar Yaday Jaiprakash nagar, Ward No. 07, Araria who for preparation of sale deed for one acre land of Mouza, Chhatiyuna, Khata-62, Khesra-235 area made him contact with Yashovardhan Singh age-46 years father Abhay Singh village Samthatti Dhana Rani-ganj Araria and by getting the deal done, took Rs.1,70,000/-one thousand rupees as stamp fee in cash and took five lakh rupees for himself and got Rs.
-12,00,000/- twelve lakh rupees delivered to the land owner through cheque, but at the time of registration in District Registration Office Araria, it came into light the said land is of Red card, as a result the registration of land could not be done, It is further alleged that immediately thereafter requested for refund of money, but they clearly refused to return the money and said that they would give another piece of good land in exchange of said land; and despite his protest, they took additional Rs.. 1,20,000/- one lakh twenty thousand rupees as stamp duty and executed two lands through Sale deed No.5051 and 5052, the first land in Mouza Pahusra Raniganj Khata-497, Khasra-3040 area one acre and the 2nd land measuring 81-D, in mouza chhatiauna, Raniganj Araria Khata-70 Khasra-262-12.3 D, 236-39.
3/4 disputed, first land is less in area and the second land is under the Sikmidar due to which mutation was rejected. Not only this, Manoj Yadav has transferred half of 81-D land to his friend Thakur Yashwant Pratap Singh S/o Lalit Singh village Sonauli po-lice station Kadwa, District-Katihar, which has not been returned till date despite repeated requests. In this way it is clear that Manoj Yadav has cheated and betrayed the informant by making fake documents and took money by deceit. Also, Manoj Yadav got delivered Rs.2,15,000/-for another land in Mouza Kharhat, Khata-136, Khesra-1826, Area 14,500 D to Pritam Kumar Mandal through cheque by saying that the first two lands are disputed, and after selling them he will get us a new land which is undisputed. It is alleged that this incident is dated- 2803-23 and 17-04-2023 and due to procrastination, the delay occurred. And hence informant requested to take appropriate action by lodging FIR.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner has no criminal antecedent and no specific allegation is made against the petitioner.
5. Learned A.P.P. for the State opposes the prayer for
4/4 anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the fact that the petitioner has no criminal antecedent and prima facie reading of the F.I.R., it appears to be a case of civil dispute between the parties and there is no specific allegation made against the petitioner in question, I am inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 310 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J) sanjeev/- U