Allowed

Shyam Choudhary v. the State of Bihar

Patna HC26 Jun 2023CR. MISC./5815/2020

Case brief

AI extract

What is this about?

A single bench of the Patna High Court granted anticipatory bail to four petitioners accused of cheating and criminal breach of trust related to a disputed land sale agreement, conditioning release on appearance within six weeks.

What did the court decide?

Petitioners granted anticipatory bail upon surrendering before the court below within six weeks, furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount.

Shyam Choudhary Vs the State of Bihar — Property and Title | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5815 of 2020

¶2

Arising Out of PS. Case No.-255 Year-2019 Thana- TATARPUR District- Bhagalpur

¶3

======================================================

¶4

SHYAM CHOUDHARY Son of Late Terni Choudhary Resident of Mohalla Parbatti Labbu Pasi Lane Near Bishahri Sthan, P.S.- University, DisttBhagalour

¶5

Raj Kumar Choudhary S/o Late Tarni Choudhary Resident of Mohalla Parbatti Labbu Pasi Lane Near Bishahri Sthan, P.S.- University, DisttBhagalour

¶6

Geeta Devi W/o Shyam Choudhary Resident of Mohalla Parbatti Labbu Pasi Lane Near Bishahri Sthan, P.S.- University, Distt- Bhagalour

¶7

Suraj Kumar Son of Shyam Choudhary Resident of Mohalla Parbatti Labbu Pasi Lane Near Bishahri Sthan, P.S.- University, Distt- Bhagalour

¶8

... ... Petitioner/s

¶9

Versus

¶10

THE STATE OF BIHAR

¶11

Rukmani Devi W/o Gulzari Mandal Resident of Mohalla Parbatti Labbu Pasi Lane Near Bishahri Sthan, P.S.- University, Distt- Bhagalour

¶12

... ... Opposite Party/s

¶13

======================================================

¶14

Appearance :

¶15

For the Petitioner/s : Mr. Anupa Nand Jha, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶16

10 26-06-2023

¶17

Heard learned counsel for the petitioners, learned

¶18

counsel for the informant and learned A.P.P. for the State.

¶19

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420, 504 and 34 of the Indian Penal Code.

¶20

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that an agreement for sale was entered between the

¶21

Patna High Court CR. MISC. No.5815 of 2020(10) dt.26-06-2023 2/3

¶22

informant and the petitioner in the year 2018 for which an amount of Rs. 10,60,000/- was paid to the petitioner by the informant but the land was not registered.

¶23

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and from perusal of Annexure ‘3’ it would manifest that the petitioner had returned the entire amount which he had received from the informant in lieu of the agreement for sale and thus there was absolutely no occasion for the petitioner to act in accordance with the sale deed.

¶24

Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners and the learned counsel for the informant submits that the said amount which was returned by the petitioner to the informant was with respect to a different agreement which was executed in between the parties in the year 2017 and the amount which the petitioner received in the year 2018 in pursuance of the agreement entered was never returned.

¶25

Learned counsel for the petitioners rebuts the submission of the learned counsel for the informant and submits that the submission is in air and if what has been submitted by the learned counsel for the informant is true then definitely the

¶26

Patna High Court CR. MISC. No.5815 of 2020(10) dt.26-06-2023 3/3

¶27

said allegation would have been part of the FIR.

¶28

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tatarpur (Vishwavidyalaya) P.S. Case No. 255 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶29

(Satyavrat Verma, J)

¶30

Rishi/-

¶31

U T

Shyam Choudhary v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shyam Choudhary v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanjay Yadav @ Sanjay Kumar Yadav Vs The State of Bihar

Phulmani Devi @ Phulmani Sah Vs The State of Bihar

Santosh Kumar Mishra @ Santosh Mishra Vs The State of Bihar

Bahadur Singh Vs The State of Bihar

Shashi Bhushan Prasad Vs the State of Bihar

Indrajeet Sahani @ Indra Sahani Vs The State of Bihar