Patna High Court – Orders
Alok Kumar Singh @ Alok Kumar vs The State Of Bihar on 23 July, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5677 of 2025 Arising Out of PS. Case No.-352 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== 1. Alok Kumar Singh @ Alok Kumar Son of Late Shailendra Kumar Singh Village -Chandpura (Chandpura Chakmakrand), ward no1, PS - Bidupur, District- Vaishali 2. Akshchat Kumar @ Akchat Aashis @ Akshat Aashish @ Akchhat Aashis Son of Alok Kumar Singh @ Alok Kumar Village -Chandpura (Chandpura Chakmakrand), ward no1 PS -Bidupur District- Vaishali ... ... Petitioner/s Versus 1. The State of Bihar 2. Prince Kumar S/O Dinesh Rai R/O- village- Bishanpur, P.S- Bachhwara, Dist- Begusarai. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam, Adv. For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP For the Informant/OP No.2: Mr. Subhesh Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 23-07-2025
Heard Mr. Sandip Kumar Gautam, learned counsel
for the petitioners, Mr. Uma Shankar Pd. Singh, learned APP
and Mr. Subhesh Pandey, learned counsel representing the
informant/OP No.2.
2. The petitioners are apprehending their arrest in
connection with Bachhwara PS Case No. 352 of 2023 dated
06.11.2023 having been registered under Sections 420, 406,
467, 468, 471, 120(B) of the IPC.
3. As per the prosecution case recorded in Complaint-
cum-First Information Report, the informant namely, Prince
Kumar/Opposite Party No.2 was preparing for competitive
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examination and came in contact with the petitioners who used
to visit his village to meet his neighbours. The petitioners told
the informant that they would arrange a government job for him
as they are Government officials and working as Director of
International Direct Anti-Corruption Foundation Ministry, NITI
Ayog under the Government of India and showed their identity
cards to the informant. The petitioners demanded Rs. 13 Lacs in
lieu of securing a Government job for the informant. It has
further been alleged that the informant transferred a sum of Rs.
12,65,000/- to the accused persons by way of various
transactions and UPI for the job and when the job was not
provided, the informant demanded his money back, upon which,
the petitioner no.1 returned Rs. 6,50,000/- and told him that the
remaining amount would be returned but the same has not been
returned.
4. Learned counsel for the petitioners submits that
they are innocent and have falsely been implicated in the present
case on the basis of concocted and frivolous story. The
petitioner no.2 has been implicated in this case only because he
is the son of petitioner no.1. The real story is that the informant
visited Kolkata where the petitioners reside for their livelihood
through his brother Samar Rai. The informant proposed the
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petitioners that he was willing to sell 01 Bigha of his village
land with his father’s consent for a sum of Rs. 50,00,000/- (Fifty
Lacs). He said that the land is in the name of his mother. The
petitioner no.1 visited the informant’s village in December,
2019, met with his parents where the proposed plot was shown
to petitioner no.1 and the land document was shown in the name
of Subhadra Devi who is mother of the informant. On the
representation of the informant, the petitioner no.1 agreed to
purchase the land and wanted to make payments through bank
mode, upon which the informant with dishonest intention told
the petitioner no.1 that he has a Jandhan Bank account in his
name and cannot accept such a huge amount, accordingly,
starting from 2019 till January, 2020, the petitioner no.1 paid
him the total sum of amount of Rs. 42,85,000/- on different
dates and the balance amount of Rs. 7,15,000/- was to be paid at
the time of registry of the land. After receipt of the money, the
informant did not contact the petitioners. The petitioners, time
and again, requested him to execute the sale-deed but the same
was not executed on one pretext or the other. In April, 2020 for
the first time, the informant revealed that the proposed land was
a joint family property and is in the name of his grandfather. The
petitioners, after hearing this, went in shock and came to know
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that the land is in the name of Asharfi Rai. Thereafter, the
petitioners met Asharfi Rai who assured to settle the issue. The
petitioners asked the informant to return the money, upon which
the informant refunded a sum of Rs. 6,50,000/- to petitioner
no.1 through bank mode.
5. On 03.09.2020, the informant declared on the
stamp paper regarding his undertaking to sell a piece of land in
favour of the petitioners for which he has already taken a sum of
Rs. 42,85,000/- and further declared that the sale deed of the
said land would be executed through his mother after receipt of
7,15,000/-. The informant gave a post dated cheque of Rs.
20,00,000/- having the date of 02.03.2022 in the name of
petitioner no.1 as guarantee. When petitioner no.1 realized that
he has been cheated, he presented the said post dated cheque of
Rs. 20,00,000/- given by the informant, Prince Kumar as
security for encashment through his IndusInd Bank on
29.04.2022, the cheque got dishonoured on account of the
insufficient fund. The petitioners immediately issued a legal
notice to the informant on 03.05.2022 for return of the amount
but the informant just ignored the legal notice and instead of
returning the amount, the informant lodged a false Complaint-
cum-FIR against the petitioners on 28.05.2023.
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6. Mr. Subhesh Pandey, learned counsel appearing for
the informant vehemently opposed the prayer for anticipatory
bail of the petitioners and submits that the allegation against the
petitioners is serious in nature. The petitioners obtained
signature of the informant on blank stamp paper and
fraudulently a document/agreement (Annexure-2) has been
prepared. The petitioners have failed to produce any agreement
for sale of the land and a false story has been created by the
petitioner that there was an agreement between the parties for
sale of one Bigha land. Annexure-2 claiming to be an agreement
cannot be said to be an agreement for sale. However, the
petitioners failed to bring on record any chit of paper to show
that there was a sale agreement between the parties. Lastly, it
has been submitted that the petitioners have got criminal
antecedent.
7. Having regard to the submissions made by the
parties, taking into consideration the material on record and the
fact that pursuant to agreement a declaration dated
03.09.2020 was made by the informant, a post dated cheque
of Rs. 20,00,000/- was given by the informant in favour of
petitioner no.1 having the date of 02.03.2022 which got
dishonoured and the fact that after issuance of legal notice
by the petitioners, the present complaint-cum-FIR has been
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lodged and further the fact that the custodial interrogation of the
petitioners may not be necessary for the purpose of
investigation, I am inclined to grant the privilege of anticipatory
bail to the petitioners.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Begusarai, in connection with Bachhwara PS Case No. 352 of
2023, subject to the condition as laid down under Section 438
(2) of the Code of Criminal Procedure/Section 482(2) of the
BNSS, 2023.
(Anil Kumar Sinha, J) perwez U T