IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4609 of 2026 Arising Out of PS. Case No.-115 Year-2024 Thana- TISIAUTA District- Vaishali ======================================================

Sunil Kumar S/O Late Shivjee Chaudhari R/o Vill.- Shahpur, P.S.- Tisiauta, Distt- Vaishali ... ... Petitioner/s Versus

1. The State of Bihar

2. Shobha Devi W/O Sri Krishna Ray R/O Balgovindpur @ Rohua, P.S.-

Jandaha, Dist.- Vaishali.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s : Ms. Madhuri Lata, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 17-03-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. No one appears on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 316(2), 336(3), 338, 318(4), 3(5) of the B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that an agreement for purchasing 11.75 decimal of land was entered in between her and the petitioner for a consideration of Rs.26 lacs and an amount of Rs.20 lacs was paid to the petitioner, further an amount of Rs.1, 49, 050/- was also paid at the time of registration, but petitioner talked to his brother on mobile and thereafter fled without executing the sale deed and on the same day executed sale deed with regard to the land in question in favour of his Bhabhi, but did not return the amount.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that specific pleading has been made at Para-9 of the anticipatory bail application that petitioner has not executed any sale deed in favour of any till date and still ready to execute the sale deed provided the informant is ready to make the full and final payment as agreed. It is further submitted that the consideration fixed for the land was Rs.26 lacs and the informant only paid an amount of Rs.20 lacs as such rest amount of Rs.6 lacs was still to be paid but then the said amount was not paid as such the sale deed was not executed. It is asserted and submitted that if it is found subsequently that petitioner had executed sale deed with respect to the land pertaining to Khata No.531, Khesra No.1171, Area 11.75 decimal in favour of anyone including his Bhabhi, in that event, his anticipatory bail shall be liable to be cancelled.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender 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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tisiauta P.S. Case No.115 of 2024, subject to the conditions as laid down under Section 482(2) B.N.S.S. 7. However, informant would be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner provided any documentary evidence is brought on record to show that sale deed with respect to the land in dispute in the FIR has been executed by the petitioner.

(Satyavrat Verma, J)

amit/-

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