Allowed

Vishal Kumar v. The State of Bihar

Patna HC19 Sept 2024CR. MISC./20369/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in an FIR alleging he purchased land subject to the informant's prior sale agreement with another accused and later threatened her husband demanding Rs.75 lacs. Court noted clean antecedents and false implication plea, and granted anticipatory bail on conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail: release on furnishing Rs.10,000 bonds with two sureties of like amount upon surrender within six weeks, subject to Section 438(2) CrPC conditions.

Vishal Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20369 of 2024

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Arising Out of PS. Case No.-431 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur

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====================================================== VISHAL KUMAR Son of Birendra Prasad Resident of Village-Balughat (Near Chocolate Factory), Jangli Main Asthan, P.S.-Nagar, DistrictMuzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Ms. Dr. Indiwar Kumari ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 19-09-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 406, 420, 387, 504, 506, 34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the thrust of the allegation is against Manish, as the informant alleges that she had entered into an agreement for sale with respect to a piece of land with Manish Kumar, on which, a house was also built, further she

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Patna High Court CR. MISC. No.20369 of 2024(3) dt.19-09-2024 2/3

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after paying the consideration in the account of Manish also got possession over the same but then the sale deed was not executed and Manish sold the land in question to Vishal (Petitioner) and later Vishal sold the land to a third person, and thereafter, it is alleged that the accused persons including the petitioner even threatened and assaulted her husband and demanded extortion of Rs.75 lacs.

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The learned counsel submits that the petitioner was not aware that any agreement for sale with respect to the land in question was entered in between the informant and Manish. It is next submitted that since Manish was the owner of the land in question, as such, the petitioner after verifying all the documents purchased the same. It is also submitted that even if informant was cheated she was cheated by Manish.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) with two sureties of the like amount

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Patna High Court CR. MISC. No.20369 of 2024(3) dt.19-09-2024 3/3

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each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kazi Mohammadpur P.S. Case No.431/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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amit/-

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U T

Vishal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vishal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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