Anticipatory bail may be granted when the primary allegations of fraud are directed at a co-accused and the petitioner has no direct role in the transaction, ownership of the property, or receipt of funds, provided they have clean antecedents.

ORAL ORDER

2 04-02-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail in connection with C. A. Case No. 293 of 2024 registered for the offences punishable under Sections 323, 341, 386, 406, 420, 468 of IPC.

3. It is alleged that the accused persons took Rs. 8,22,000/- from O.P. No. 2 on the pretext of selling a piece of land and got a sale deed executed on 22.02.2022. Later on, O. P. No. 2 came to know that the said land had already been sold earlier to another person, thereby all the accused persons committed fraud with him. It is further alleged that when the O. P. No. 2 demanded his money back, all the accused persons started abusing and threatened him of dire consequnces.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 10.08.2022 the present complaint has been filed on 07.02.2024 without explaining the delay. It is further submitted that the land in question was executed by co-accused Dulla Murmu, and even if the allegation of prior sale of the land in question is assumed to be true, the alleged wrong doing, if any, was committed by the said Dulla Murmu. The petitioner is neither the owner of the land in question nor recipient of any amount and, therefore, he cannot be held liable or responsible for any alleged illegal act of the other co-accused persons. It is stated in paragraph 3 of the petition that petitioner has clean antecedent.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. After going through the entire complaint petition, it appears that main allegation has been levelled against co-accused Dulla Murmu, who has executed the said land in favour of complainant and earlier also the same land was sold by said Dulla Murmu to some one else.

7. Keeping in view the aforesaid facts and considering the clean antecedent of the petitioner, let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender within a period of four weeks from the date of receipt/production a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J. M. 1st Class, Purnea in connection with C. A. Case No. 293 of 2024 subject to the conditions as laid down under Section 482(2) of BNSS.