Allowed¶20

Sanjay Kumar Singh v. The State of Bihar

Patna HC12 Nov 2024CR. MISC./16339/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; Section 138 N.I. Act; Section 420 IPC; civil/money dispute; sale deed registration; Rs. 13 lakh consideration; bail bond Rs. 25,000 with two sureties; physical presence during trial; cancellation of bail bonds; Patna High Court; Justice Anjani Kumar Sharan; CRIMINAL MISCELLANEOUS No.16339 of 2024; Complaint Case No. 3206(C) of 2018; Sanjay Kumar Singh; Manish Kumar; State of Bihar; cognizance under Section 138 NI Act; no criminal antecedent.

What did the court decide?

Anticipatory bail granted: release on arrest or surrender before the learned Court below within six weeks, on bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, with mandatory physical presence during trial failing which the bail bonds are liable to cancellation.

Sanjay Kumar Singh Vs The State of Bihar — Cheque Dishonour | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Complaint Case No. 3206(C) of 2018 registered for offences punishable under Sections 420 IPC and Section 138 N.I. Act.

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Court's answer

The Court granted the prayer for anticipatory bail, considering that it is a civil/money dispute between the parties and that the learned Court below took cognizance under Section 138 of the N.I. Act.

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Ratio / Principle

The petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 25,000/-.

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Key takeaways

Release is conditioned on two sureties of the like amount each, to the satisfaction of the learned Court below where the case is pending (or successor Court).ratio¶20
The bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶20
Additional condition imposed by this Court: the petitioner must remain physically present in court on each and every date during trial; failure on two consecutive dates without sufficient reasons will render his bail bonds liable to cancellation by the learned court concerned.ratio

Detailed headnote1 paragraphs

Patna High Court (Justice Anjani Kumar Sharan), oral order dated 12-11-2024, Criminal Miscellaneous No. 16339 of 2024: Anticipatory bail granted to petitioner Sanjay Kumar Singh, who apprehended arrest in Complaint Case No. 3206(C) of 2018 (PS Case No. 3206/2018, Patna Complaint Case) involving alleged offences under Sections 420 IPC and Section 138 N.I. Act, stemming from an allegation that he received Rs. 13 lakh as consideration for registering a sale deed which was not registered. Treating the matter as a civil/money dispute and noting cognizance was taken by the learned Court below under Section 138 N.I. Act, the Court directed release upon arrest or surrender within six weeks on a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. Bail further conditioned on physical presence at every trial date; bonds cancellable upon two consecutive unjustified absences. Petitioner stated to have no criminal antecedents.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16339 of 2024

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Arising Out of PS. Case No.-3206 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna

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====================================================== Sanjay Kumar Singh son of Dr. M.P Singh R/o- Flat No-609, Rameshwaram Apt., Bhoot Nath Road Ps- Agamkuan Dist- Patna

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Versus

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The State of Bihar

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Manish Kumar son of Shiv Nath Prasad Jaiswal Village- Mahendru PsSultanganj Dist- Patna

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... ... Opposite Party/s

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============== Appearance : For the Petitioner/s	===== :	=================================== Mr. Praveen Kumar
For the State	:	Mr. Navin Kumar Pandey
For the O.P. No.2 ==============	: =====	Mr. Pratyush Kumar ===================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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5 12-11-2024

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Heard learned counsel for the petitioner, learned

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A.P.P. for the State and learned counsel for the O.P. No. 2.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 of the Indian Penal Code and Section 138 of the N.I. Act.

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As per prosecution case, it is alleged that the petitioner has taken consideration amount of Rs.13 Lakh form the O.P. No.2 for registration of sale deed in his favour, but not registered the same.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the learned Court below has taken cognizance against the petitioner under Section 138 of the N.I. Act. Petitioner has no

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Patna High Court CR. MISC. No.16339 of 2024(5) dt.12-11-2024 2/2

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criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State and learned counsel

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for the O.P. No. 2 opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case and the fact that it is a civil/money dispute between the parties and learned Court below took cognizance under Section 138 of the N.I. Act, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Complaint Case No. 3206(C) of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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The petitioner is directed to remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

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(Anjani Kumar Sharan, J)

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anand/- U T

Sanjay Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Singh v. The State of Bihar

Case brief

What is this about?

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What the court decided

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