Patna High Court
Mani RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The court dismissed the application for cancellation of anticipatory bail, finding no ground to interfere with the bail order.
Summary
The petitioner, Mani Raj, alleged that the respondent, Ram Pukar Sahu, received Rs. 2,50,000 from him for registration of a land sale deed but failed to execute the deed and later demanded Rs. 10 lakh as extortion. The petitioner sought cancellation of the anticipatory bail previously granted to the respondent in a criminal case registered under sections 318(4), 308(3), 351(2) and 3(5) of the B.N.S. The respondent produced two demand drafts of Rs. 1,25,000 each in favour of the petitioner as evidence of payment. The court examined the submissions and found that the demand drafts satisfied the petitioner's claim of receipt, rendering the cancellation request moot. Consequently, the court held that no further order was necessary and disposed of the application. The anticipatory bail remained in force.
Issues considered
- Whether the anticipatory bail granted to the accused should be cancelled on the basis of alleged fraud and extortion
Legislation cited
- B.N.S. — s. 308(3), 318(4), 3(5), 351(2)
Subjects
- anticipatory bail
- cancellation
- fraud
- extortion
- land sale deed
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61674 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- Sonki District- Darbhanga
======================================================
Mani Raj Son of Raj Kumar Mahaseth R/o Village - Ratnopatti, P. S. - Nagar
Darbhanga, Dist. - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Pukar Sahu @ Ram Pukar Sah Son of Late Thakko Sahu R/o Village -
Rasalpur Sahila, P.S. - Sonki, Dist. - Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Shankar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
For the O.P. No. 2 : Mr. Ajay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 23-04-2026 Heard, Mr. Uma Shankar Singh, learned counsel for
the petitioner, Mr. Ajay Kumar, learned counsel for the O.P. No.
2 and Mr. Anil Kumar, learned A.P.P. for the State
2. The present case has been filed on behalf of the
petitioner for cancellation of the anticipatory bail granted to the
Opposite Party No. 2 in connection with Sonki P.S. Case No.
40/2025 dated 12.03.2025, registered under Section 318(4),
308(3), 351(2) and 3(5) of the B.N.S. vide Cr. Misc. No. 47449
of 2025 passed by this Hon’ble court.
3. As per the FIR, the petitioner alleged that the
Opposite Party No. 2 along with other accused persons took
money from him in lieu of registration of sale deed of land but
did not do so. When the petitioner demanded the money back,
Patna High Court CR. MISC. No.61674 of 2025(5) dt.23-04-2026
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the accused persons did not return the money instead demanded
Rs. 10 lakhs as rangdari.
4. Learned counsel for the petitioner submits that the
O.P. No. 2 has wrongly submitted before this Court that O.P.
No. 2 is only witness to the agreement and he has not received
any amount from the informant who is the petitioner in the
present case. Learned counsel for the petitioner submits that in
fact the O.P. No. 2 was also a party of the agreement dated
05.08.2024 as Executant No. 3. and he has received has Rs.
2,50,000/- ( Two lakhs Fifty Thousand) from the petitioner.
5. Learned counsel for the the O.P. No. 2 has
produced two demand drafts dated 11.03.2026 and 18.02.2026
bearing No. “200966” and “567633” respectively in tune of Rs.
1,25,000/- (One Lakh Twenty Five Thousand) each in favour of
the petitioner, namely Mani Raj. The two demand drafts as
mentioned aforesaid is handed over to the counsel for the
petitioner.
6. Considering the aforesaid fact, no order needs to be
passed in the present case.
7. This application is disposed of.
(Rajesh Kumar Verma, J)
atul/-
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