PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

1. The present revision has been preferred by the petitioner, assailing the order, dated 16.04.2025, passed by the Learned Chief Judicial Magistrate, Saran at Chapra, in connection with Saran Town P.S. Case No. 743 of 2024, whereby and whereunder, the petitioner was remanded to judicial custody. The petitioner has prayed for quashing and setting aside the said remand order on grounds of alleged illegality in arrest, non- compliance with mandatory procedural safeguards and violation of constitutional and statutory rights, specifically enshrined under Article 22(1) of the Constitution of India and Section 47 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

2. The genesis of the case lies in a written complaint, dated 25.12.2024, submitted by the informant, Shri Pankaj Kumar Sinha, a resident of District-Chapra, Saran, and a permanent resident of Newtown, Kolkata. On the basis of the said complaint, Saran Town P. S. Case No. 743 of 2024 was registered under appropriate sections of the Indian Penal Code (as replaced by BNSS) alleging offences of criminal breach of trust, cheating, and issuance of dishonoured cheques.

3. It was alleged that the informant had extended financial assistance of Rs. 40,00,000/- through bank transfers to the proprietors of Skyline Builders, namely, Shri Anjan Kumar Maity and Shri Prithvi Raj Das, both residents of Kolkata, under a notarised agreement, dated 24.08.2022. The agreement promised repayment within 12 months against secured property.

4. Further, it was alleged that on 24.09.2023, the informant paid Rs. 50,00,000/- through bank transfer to Shri Prithvi Raj Das, the Proprietor of Property 360 degree for the purchase of a flat of 1083 sq. ft. super built-up area along with a car parking space of 135 sq. ft., against a total consideration of Rs. 72,00,000/-, under another notarised agreement. On the same day, an additional sum of Rs. 38,32,500/- was transferred for the purchase of a commercial shop measuring 182.5 sq. ft., and Rs. 50,00,000/- was allegedly paid in cash.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NyM0MzcjMjAyNSMxI04=-l--ak1--ekDTa--am1--MnM=

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