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2026 Supreme(Online)(Pat) 3402

PATNA HIGH COURT
PARTHA SARTHY, J
Ajay Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Shyamlendra Kumar
For the Respondents: Mr. Rajendra Nath Jha, Ms. Madhu Prasun

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 21-01-2026 1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Kaji Muhammadpur P.S. Case no.152 of 2025, registered under section 316(2), 318(4)

and 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. As per the prosecution case, the informant states that inspite of having paid an advance of Rs.5 lacs for purchase of a flat constructed in the premises/land belonging to the petitioner, neither the said amount is being returned nor the flat is being given. As such the F.I.R.

4. Learned counsel for the petitioner submits that from the contents of the F.I.R. itself it would transpire that the transaction between the parties is purely a commercial transaction. As against receipt of Rs.5 lacs, the petitioner returned different amounts on different dates which is substantiated from the statement of the bank account of the petitioner brought on record as Annexure-P/2 to the petition. It is further submitted that the petitioner is also ready to return the balance amount. There is an inordinat

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