Patna High Court – Orders
Ram Kumar Singh (R.K. Singh) vs The State Of Bihar on 13 December, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39008 of 2024
Arising Out of PS. Case No.-6835 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
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Ram Kumar Singh (R.K. Singh) son of Shiv Kumar Singh R/o - Rupas
Bakhtiyarpur, Kaladiara, P.S.- Bakhtiyarpur, Patna (Bihar), Patna-803202
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pankaj Kumar Son of Shri Chandra Bhushan Sharma R/o Mohalla-
Hanuman Nagar, White House, House No. 9, P.S.- Patrkar Nagar, Town-7,
District- Patna, Patna-800020
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Shivnandan Prasad Singh, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 13-12-2024
Heard Mr. Shivnandan Prasad Singh, learned counsel
appearing on behalf of the petitioner and Mr. Mithilesh Kumar
Khare, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Complaint Case No.6835(C)/2022 registered for the offences
punishable under Sections 406, 420, 468 and 471/34 of the
Indian Penal Code.
3. As per the allegation made in the complaint
petition, a negotiation to sell 6 katha of land, appertaining to
Tauji No.6398, Khata No.10, Survey Plot No.1342, situated at
Mauja Jujharpur, Survey Thana, Phulwarisharif, present P.S.
Gaurichak, Patna, was made between the complainant and Bihar
Patna High Court CR. MISC. No.39008 of 2024(4) dt.13-12-2024
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Rehabilitation and Welfare Institute (hereinafter to be referred
as the “Institute”). The land in dispute is alleged to have been
sold by registered sale deed No.5382 dated 02.06.2006 in the
name of the Institute through Dr. Sarjoo Prasad, the Director of
the Institute by Rewat Narayan Singh. The said piece of land
was thereafter sold to the complainant by the Institute, who had
authorized to one Vandana Sinha to execute the sale-deed in
favour of the complainant and the said sale-deed No.5974 dated
11.06.2019 was executed in favour of the complainant. The
complainant, after execution of the sale-deed, could not come
into the possession of the land, for which he has already paid a
total sum of consideration amount of Rs.20 lakh to Vandana
Sinha, who had executed the sale-deed. It has been found that
one Smt. Neelam Devi Jain claims her tittle over the said land.
4. Learned counsel appearing on behalf of the
petitioner informs that the petitioner is nowhere concern with
the transaction to the tune of Rs.20 lac along with Rs.4 lac as
the cost of the registration of the sale-deed and further a sum of
Rs.6 lac as compensation for mental harassment to the
complainant. The transaction is between the complainant and
several other accused persons. The petitioner is Member of the
Committee, namely, Bihar Rehabilitation and Welfare Institute.
Patna High Court CR. MISC. No.39008 of 2024(4) dt.13-12-2024
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Learned counsel further submitted that the petitioner is also not
the witness to the sale-deed registered on 11.06.2019 or he had
identified the land owner and the witnesses to the sale-deed. He
is the Member of the Committee, which has authorized Vandana
Sinha to execute the sale-deed. The conscious decision has been
taken by the co-accused Sarjoo Prasad @ Dr. Sarjoo Prasad,
who has identified the Executor.
5. Per contra Mr. Niraj Kumar, learned counsel has
tendered his appearance on behalf of the complainant and
submitted that the petitioner in a well planned manner, has
committed forgery with the complainant by executing sale-deed
with respect to the land in dispute. Learned counsel further
submitted that the sale-deed was executed by the original land
holder, namely, Rewat Narayan Singh and petitioner, being
members of the Executive Committee, who had authorized one
another member Vandna Sinha to execute the sale-deed. As
such, the petitioner has committed crime and he must face
prosecution for alleged offences under Sections 406, 420, 467,
468 and 471/34 of the Indian Penal Code.
6. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
7. Having considered the rival submissions made on
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behalf of the parties, as well as, considering the nature of
allegation made against the petitioner, the petitioner is directed
to be released on pre-arrest bail, in the event of his arrest or
surrender before the learned district court within a period of
four weeks from today, on furnishing bail bond of Rs.25,000/-
(Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of learned ACJM IX, Patna/concerned
court, in connection with Complaint Case No.6835(C) of 2022,
subject to conditions as laid down under Section 438(2) of the
Cr.P.C.
8. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
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