Alok Kumar Singh @ Alok Kumar vs The State Of Bihar on 23 July, 2025

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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
Patna High Court CR. MISC. No.5677 of 2025(4) dt.23-07-2025
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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
Patna High Court CR. MISC. No.5677 of 2025(4) dt.23-07-2025
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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
Patna High Court CR. MISC. No.5677 of 2025(4) dt.23-07-2025
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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
 



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