( 2025:JHHC:25451 ) -1- A.B.A. No. 4807 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4807 of 2025 Awadhesh Upadhyay, aged about 72 years, son of Late Ramprasad Upadhyay, by occupation retired Deputy Secretary (J.A.S.) of Panchayati Raj and N.R.E.P. (Special Division), F.F.P. Building, P.O. & P.S. Dhurwa, Dist. Ranchi, at present residing at Village Surajpura, P.O. & P.S. Tariatha (via Noan), District- Kaimur (Bhabhuwa), State- Bihar … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Niladri S. Mukharjee, Advocate For the State : Mr. V.S. Sahay, A.P.P. ----- 05/27.08.2025 The petitioner is apprehending his arrest in connection with Daltonganj (Town) P.S. Case No.42 of 2021, corresponding to G.R. Case No.802/2022, registered for the offence under Sections 420/406 of the IPC, pending in the Court of the learned C.J.M., Daltonganj, Palamau. 2. Learned counsel for the petitioner submits that the matter is arising out of an agreement of sale of the land. He submits that total consideration amount was fixed as Rs.37 Lakhs and Rs.15 Lakhs has been paid as an advance and it is stipulated in the agreement that balance of the amount will be paid at the time of registration. He submits that it is also stipulated in the agreement that if the petitioner has refused to accept the same, balance amount will be deposited by the purchaser in the Civil Court and on the direction of the Civil Court, the execution of the sale deed will be made. He also submits that balance amount has not been paid and in view of that, the execution has not taken place and even the petitioner has offered sum of Rs.15 Lakhs to the informant, however, he has refused to accept the same. He submits that the agreement was of the year 2016, whereas, the FIR has been lodged in the year 2021. He submits that the petitioner has got no ( 2025:JHHC:25451 ) -2- A.B.A. No. 4807 of 2025 criminal antecedent, as disclosed in paragraph 26 of this application. 3. Learned counsel for the State opposed the prayer and submits that it appears that the property has not been transferred in light of the agreement. 4. It prima facie appears that the dispute is of civil nature and in light of the terms and conditions stipulated in the agreement within one month, rest of the consideration amount was required to be deposited and it has been pointed out that rest of the amount has not been deposited and the petitioner has offered to return the sum of Rs.15 Lakhs to the informant, however, he has refused to accept the same. In that view of the matter, I am inclined to extend the privilege of anticipatory bail to the petitioner. 5. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Daltonganj, Palamau in connection with Daltonganj (Town) P.S. Case No. 42 of 2021, corresponding to G.R. Case No.802/2022, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Ajay/