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

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

What the court decided

AI extract

Outcome

Anticipatory bail — petitioner to be enlarged on arrest/surrender within six weeks upon bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions and personal appearance before the court below on every date.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 1709 of 2019 (Sections 418 and 406 IPC) arising from an alleged land-sale transaction, is entitled to anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: the petitioner, in the event of his arrest or surrender within six weeks, is to be enlarged on anticipatory bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the court concerned at Bhagalpur, in connection with Complaint Case No. 1709 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

Further condition imposed: the petitioner is directed to remain physically present before the learned court below on each and every date; failing which, on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

Detailed headnote1 paragraphs

Anticipatory bail — allowed. Manoj Kumar, apprehending arrest in Complaint Case No. 1709 of 2019 (dated 18.09.2019, Bhagalpur) for offences under Sections 418 and 406 IPC, arising from an alleged land-sale transaction (consideration Rs. 48,00,000/-; Rs. 47,00,000/- alleged paid; Rs. 14,60,000/- alleged returned), sought pre-arrest bail. His counsel urged false implication, actual payment of only Rs. 17,30,000/- (receipts marked on the back of the Jarbeyana), filing of the complaint only after his legal notice dated 13.09.2019, and that the matter was a civil dispute, placing reliance on Bimla Tiwari Vs. The State of Bihar and others (SLP (Crl.) Nos. 834-835 of 2023) for the proposition that criminal law cannot be used for arm-twisting and money recovery. The State, through the A.P.P., opposed the prayer. Considering the facts and circumstances, the Court directed that the petitioner, if arrested or surrendered within six weeks, be enlarged on anticipatory bail on a bail bond of Rs. 20,000/- with two like sureties, subject to the conditions under Section 438(2) CrPC, with the further condition of physical presence before the court below on every date, default on two consecutive dates without reasonable cause rendering the bonds cancellable. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4934 of 2022

Arising Out of PS. Case No.-1709 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur

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

Manoj Kumar (Male), aged about 35 years, S/o Late Naresh Pajiyara, R/o village- Jagdishpur, District- Bhagalpur.

... ... Petitioner

Versus

The State of Bihar.

Babulal Sah, S/o Late Munilal Sah, Resident of Jagdishpur, P.O. and P.S.Jagdishpur, District- Bhaglapur.

... ... Opposite Parties

====================================================== Appearance : For the Petitioner : Mr. Praveen Kumar, Advocate For the State : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 01-02-2024

Learned counsel for the petitioner is permitted to

remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1709 of 2019 dated 18.09.2019 registered for the offences punishable under Sections 418 and 406 of the I.P.C.

As per the prosecution case, the petitioner proposed the complainant to sell his land, which was accepted by the complainant on a consideration amount of Rs. 48,00,000/-. Out

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of 48,00,000/-, Rs. 47,00,000/- was paid by the complainant to the petitioner on different dates. When the complainant went to the petitioner’s house for execution of sale deed, they threatened and pointed a pistol by saying that the time has expired. Now the price of the land has been enhanced. Hence, sale deed would not be executed on the payment which was given by the complainant. Under the pressure of the society and compromise, only Rs. 14,60,000/- has been returned to the complainant by the petitioner and rest of the amount was kept by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the complainant had paid only Rs. 17,30,000/- and not Rs. 47,00,000/- and whenever the petitioner received the amount, he signed on the back of the Jarbeyana, which will be clear from the original Jarbeyana. It is further submitted that the present complaint has been filed only when the petitioner gave legal notice on 13.09.2019 to the complainant to pay the dues amount which is admitted in paragraph no. VIII of the complaint instead of replying to the legal notice. It is a case of civil dispute. Learned counsel for the petitioner placed reliance on the judgment in the case of Bimla Tiwari Vs. The State of Bihar and others (Special Leave

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Petition (CRL.) Nos. 834-835 of 2023) at para 10, the Hon’ble Apex Court has held that ‘We would reiterate that the process of criminal law cannot be utilized for arm-twisting and money recovery, particularly while opposing the prayer for bail.” The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. No case is made out against the petitioner.

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

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Bhagalpur or her successor in office, in connection with Complaint Case No. 1709 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:-

I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable

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cause, the bail bonds of the petitioner are

liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J)

U.K./- U T