Patna High Court
Awadhesh Singh @ Awadhesh kumar singhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Awadhesh Singh applied for anticipatory bail after being implicated in a cheating case (Sections 420 and 406 IPC) concerning a purported land sale. He alleged that no written agreement existed, no money was transferred to his account, and that the land did not belong to him or his son. The informant claimed an oral agreement and that Singh received a large sum but failed to transfer the land. The court examined the FIR, noted the absence of a written contract and any credit of the alleged amount in Singh's bank statements, and considered that Singh had been granted protection under Section 41A of the Cr.P.C. The judge found insufficient material to justify denial of bail and therefore granted anticipatory bail subject to bond and surety conditions. Singh was ordered to be released on anticipatory bail if arrested within four weeks, with conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite charges under Sections 420 and 406 IPC.
- Whether the protection under Section 41A of the Cr.P.C. precludes the filing of an anticipatory bail application.
- Whether the lack of a written agreement and absence of money transfer in the petitioner's bank account justify granting bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 41A
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- cheating
- IPC 420
- IPC 406
- Section 41A
- Criminal Procedure Code
- land sale fraud
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80753 of 2025
Arising Out of PS. Case No.-854 Year-2023 Thana- GARDANIBAG District- Patna
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Awadhesh Singh @ Awadhesh kumar singh S/O Late Bhuneshwar Singh
Resident of Quarter No AE-1 Jeetpur, P.S.- Jora Pokhar, District- Dhanbad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kush
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 15-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Gardanibagh P.S. Case No. 854 of 2023 dated 23.12.2023
registered under Section 420 and 406 of the I.P.C.
3. As per the first information report the petitioner along
with his son made a proposal to the informant to sell their land
situated at Ranchi upon which the informant agreed. On
13.02.2023 she paid a sum of Rs. 20 lakh to the petitioner and
his son in cash and the petitioner and his son also told the
informant to arrange rest of the money by July, 2023. The total
consideration amount of the land fixed was Rs. 90 lakh and the
date of registry was fixed on 03.12.2023. The informant went to
Ranchi on 02.12.2023 i.e. one day before the date of registry
and he came to know that the land in question does not belong
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to the petitioner or his son.
4. Learned counsel for the petitioner submits that petitioner
has falsely been implicated in this case on the basis of false and
concocted story. No agreement for sale was entered into by the
petitioner with the informant and in the entire F.I.R. even the
description / detail of the land has not been mentioned. In fact,
there was fiduciary relationship between the informant and
petitioner’s son inasmuch as the petitioner’s son and the
informant used to deal in shares and for the purpose of purchase
of share the money as referred in the F.I.R. were being
transferred in the bank account of the petitioner’s son of which
the petitioner was having no knowledge. The petitioner has
annexed his account statement of the State Bank of India as
Annexeure- P/2 for the relevant period mentioned in the F.I.R.
and from perusal of the same it would be evident that not a
single farthing was transferred in the bank account of the
petitioner by the informant. The petitioner is a retired person
aged about sixty five years and has been dragged in this case
with an ulterior motive when the informant incurred loss in the
share market.
5. On the other hand, learned counsel for the informant
opposed the prayer for anticipatory bail and submits that there
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was oral agreement for sale of land in favour of the informant
by the petitioner and his son and despite having received a huge
amount of Rs. 90 lakh, the land has not been transferred and it
was found that the petitioner was not the owner of the land
which he proposed to sale. He further submits that petitioner
was given privilege of Section 41A of the Cr.P.C. as such the
petitioner’s present application for anticipatory bail is not
maintainable.
6. In reply, learned counsel for the petitioner submits that it
is true that petitioner was given privilege of Section 41A
Cr.P.C., however after investigation police submitted charge
sheet under Section 420, 406 of the I.P.C. and the court has
taken cognizance of the offence against the petitioner.
7. I have heard learned counsel for the parties and have gone
through the F.I.R. including the materials on record. From
perusal of the F.I.R. it appears that there is no written agreement
for sale entered into between the parties, even description of
land which the petitioner proposed to transfer in favour of the
informant is not mentioned, the statement of account of the
petitioner does not reflect any money transfer in his account by
the informant and further considering the fact that during
investigation the petitioner has been given protection under
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Section 41A of the Cr.P.C., accordingly, I am inclined to grant
anticipatory bail to the petitioner.
8. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-XIII Patna in
connection with Gardanibagh P.S. Case No. 854 of 2023 subject
to the condition as laid down under Section 482 (2) of the
B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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