PATNA HIGH COURT
PRABHAT KUMAR SINGH, J
Vikash Kumar @ Bikash Kumar, Sushma Suman – Appellant
Versus
The State Of Bihar, Pushpalata Sharma – Respondent
CRIMINAL MISCELLANEOUS No.2524 of 2024
| Table of Content |
|---|
| 1. arguments presented regarding the innocence of petitioners. (Para 4) |
| 2. court's decision to grant bail based on insufficiency of evidence. (Para 5 , 6) |
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
5 29-01-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for the offence punishable under section 420, 467, 468 and 471 of the IPC.
3. As per prosecution case, vide agreement dated
17.5.2018, petitioners took Rs.13.90 lacs for selling a piece of land in favour of opposite party no.2. Later on, petitioners neither executed the land nor did they return the amount taken by them from opposite party no.2.
4. It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case. Present case is counter blast of Complaint Case No. 250C/2021 instituted by petitioner no.1 against opposite party no.2 and in order to pressurize petitioners to withdraw the said complaint, instant case has been lodged. There is no signature of opposite party no.2 on the agreement. Moreover, case is of civil nature. Petitioners happen to be second party (Proposed transferee) to the agreement and opposite party no.2 has been shown as first party in the said document. Petitioners claim clean antecedent.
5. Learned counsel for the State and the opposite party no.2 oppose the prayer for pre-arrest bail.
6. Considering the aforesaid facts of the case, prayer for bail of all these petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Patna Sadar in Complaint Case No. 4490 of 2022, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023.
(Prabhat Kumar Singh, J)
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