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Patna High Court

Ajeet KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted as the case was deemed unsuitable for such relief.

Summary

The petitioner, Ajeet Kumar, applied for anticipatory bail fearing arrest in a criminal case (PS Case No.124 of 2023) arising from a complaint alleging fraud in a sale deed and other offences under the Indian Penal Code. The prosecution alleged that the petitioner had entered into a sale agreement for six kathas of land while previously selling two kathas of the same land to another person, constituting fraud and related offences. The petitioner claimed innocence, asserting no knowledge of the transaction and a clean antecedent. The State opposed the bail, emphasizing the seriousness of the allegations and the risk of tampering with evidence. The Court, after considering the submissions, held that the case was not suitable for anticipatory bail and dismissed the application, directing the petitioner to surrender within two weeks and seek regular bail, failing which he would be arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged fraud and multiple IPC offences.

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • sale deed
  • Indian Penal Code
  • criminal procedure
  • property fraud
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55905 of 2024
                    Arising Out of PS. Case No.-124 Year-2023 Thana- DULHIN BAZAR District- Patna
                 ======================================================
                 Ajeet Kumar Son of Late Bidaya Yadav Resident of Village -Belhouri, P.S.-
                 Dulhin , District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Md. Hasmuddin R/O- Village Azad Nagar, Post- Phulwari Sharif, P/S-
                 Phulwari Sharif, Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Satish Chandra, Advocate
                 For the Opposite Party/s :      Ms.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   19-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Dulhin Bazar P.S. Case No. 124 of 2023 arising out of

                   Complaint Case No. 12851(C)/2022 instituted under Sections

                   467, 468, 420, 406, 323, 504, 120(B) of the I.P.C.

                                3. As per the prosecution case, petitioner is alleged of

                   committing fraud in executing sale deed.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. Petitioner has no knowledge regarding the transaction

                   between the complainant broker or the landlord. Petitioner has
              Patna High Court CR. MISC. No.55905 of 2024(8) dt.19-02-2026
                                                          2/2




                        clean antecedent.

                                     5. Learned APP for the State has opposed the prayer

                        for anticipatory bail of the petitioner on the ground that

                        petitioner had entered into an agreement of sale with the O.P.

                        No. 2 for 6 kathas of land but had earlier executed the sale deed

                        for two kathas of land which were already been sold by the

                        petitioner to another person earlier.

                                     6. Considering the allegations levelled against the

                        petitioner, this is not a fit case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioner is directed to surrender within two

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, Patna will take all steps for arrest of

                        the petitioner.

                                     9. Let a copy of this order be communicated to the

                        Superintendent of Police, Patna through FAX or e-mail for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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