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2022 DAILYLAW 1435 (PAT)

MD. SHAMIM @ SAMMO v. The State of Bihar

CR. MISC./4494/2023 · 2026-07-07

Prabhat Kumar Singh

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69319 of 2022 Arising Out of PS. Case No.-152 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== DEVANAND SINGH S/o Late Ram Narayan Singh R/v- Jagatpur, P.S.- Lodipur, District- Bhagalpur ... ... Petitioner Versus 1. The State of Bihar 2. SHRAWAN KUMAR S/o Maheshwari Prasad Singh R/v- Laluchak Angari, Near Sonu D.J., P.S.- Lodipur, District- Bhagalpur ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69603 of 2022 Arising Out of PS. Case No.-152 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== DAYANAND SINGH @ DAYANAND MANDAL S/O Late Ram Narayan singh R/O Village- Jagatpur, P.S-Lodhipur, District- Bhagalpur ... ... Petitioner Versus THE STATE OF BIHAR ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 4494 of 2023 Arising Out of PS. Case No.-152 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1. MD. SHAMIM @ SAMMO SON OF MD. SAYEED R/O VILLAGE- TAHAWALPUR, P.S.- LODIPUR, DISTRICT- BHAGALPUR 2. MD. AJAJ AHMAD @ MASTAN SON OF MD. ABBAS R/O VILLAGE- BARAHPURA, P.S.- ISHAKCHAK, DISTRICT- BHAGALPUR ... ... Petitioner/s Versus 1. The State of Bihar 2. SARWAN KUMAR SON OF MAHESHWAR PD. SINGH R/O VILLAGE- SAHODI, P.O.- MARWA, P.S.- BIHPUR, DISTRICT- BHAGALPUR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7171 of 2023 Arising Out of PS. Case No.-152 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Patna High Court CR. MISC. No.69319 of 2022(7) dt.07-07-2026 2/4 MD. ABBAS S/o Late Md. Abdul Rajjak R/o Village- Mojahidpur, P.S.- Mojahidpur, Distt- Bhagalpur. ... ... Petitioner/s Versus 1. The State of Bihar 2. Sarwan Kumar S/o Maheshwar Prasad Singh R/o Village- Sahori, P.S.- Bihpur, Distt- Bhagalpur. At present resident of Village- Lalu Chak Angori Near Sonu D.J., P.S.- Lodipur, Distt- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 69319 of 2022) For the Petitioner/s : Mr.Praveen Kumar, Advocate For the Opposite Party/s : Mr.Narsingh Tanti, A.P.P. (In CRIMINAL MISCELLANEOUS No. 69603 of 2022) For the Petitioner/s : Mr.Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr.Kumar Veerendra Narayan, A.P.P. (In CRIMINAL MISCELLANEOUS No. 4494 of 2023) For the Petitioner/s : Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr.Anil Prasad Singh, A.P.P. (In CRIMINAL MISCELLANEOUS No. 7171 of 2023) For the Petitioner/s : Mr.IP Mandal, Advocate For the Opposite Party/s : Mr.Abhay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 7 07-07-2026 Cr.Mis.No. 69319/2022. Learned counsel for the petitioner brings on record a judgment dated 8.5.2026, passed by a Co-ordinate Bench of this Court in Cr.Mis.No. 34023/2023 in which cognizance order dated 29.6.2022, passed in respect of the petitioner in Complaint Case No. 152/2020, has been quashed. 2. In that view of the matter, this pre-arrest bail petition filed on behalf of petitioner Devanand Singh, is disposed of being infructuous. Cr.Misc. No. 69603/2022, 7171/2023 & 4494 of 2023. Patna High Court CR. MISC. No.69319 of 2022(7) dt.07-07-2026 3/4 3. Petitioners apprehend arrest in a case registered for the offence punishable under sections 420, 323, 504, 506/34 of the IPC. 4. As per prosecution case, complainant alleged that he was a land broker and he was knowing co-accused Devanand Singh alias Devanand Mandal. Said co-accused showed him an agreement dated 24.04.2017 and induced him to enter into a fresh agreement, pursuant to which an agreement for 73½ decimal of land was executed in the complainant’s favour on 10.02.2018. The agreed consideration was Rs. 2,35,20,000/- out of which the complainant paid Rs. 2,00,51,000/-, partly by cheque and partly in cash. The time limit for completion was eleven months, with a stipulation that if full payment was not made within the period, the time limit would stand extended. The complainant has annexed a chart showing 26 transactions through which he made payment to the said co-accused. 5. Learned counsel for the petitioners submits that a bare reading of the complaint would show that this is a dispute between two agents arising out of monetary transactions relating to immovable property. It is further clear that the agreement of complainant was with co-accused Devanand Singh and not with these petitioners and monetary transaction has been done with Patna High Court CR. MISC. No.69319 of 2022(7) dt.07-07-2026 4/4 said co-accused. Petitioners have not taken any money in the case. Moreover, a title suit has been filed for registration of the land and the landowner has also filed a complaint case against the complainant of the present case, being Complaint Case No. 257(C) of 2020. Petitioners claim clean antecedent. 6. Learned counsel for the State opposed the prayer for bail. 7. Considering the facts of the case, prayer for bail of these petitioners is allowed. In the event of arrest/surrender within a period of eight weeks from today, let these petitioners, named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate III, Naugachiya, Bhagalpur in Complaint Case No. 152 of 2020, subject to the conditions laid down under section 482 Bharatiya Nagarik Suraksha Sanhita, 2023. Shashi (Prabhat Kumar Singh, J) U T