Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2867 of 2019 Arising Out of PS. Case No.-235 Year-2017 Thana- SHEOHAR District- Sheohar ====================================================== Sunil Kumar Late Raj Mangal Singh Resident of village- Kushahar, P.STaryiani, Dist- Sheohar ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar For the Opposite Party/s :

Mr.Choubey Jawahar For the Informant :

Mr. Puspendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sheohar P.S. Case No. 235 of 2017, registered for the offence punishable under Sections 420 and 409 of the Indian Penal Code.

The allegation is regarding execution of an agreement for sale in between the informant and the petitioner with regard to sale of a piece of land in lieu of sale consideration of a sum of Rs. 25,00,000/- which is said to have been given to the petitioner for the purposes of final registration of the said piece of land, but the petitioner failed to do so.

The leaned counsel appearing for the petitioner has

Patna High Court Cr.Misc. No.2867 of 2019(2) dt.22-01-2019 2/2 submitted that the informant has already filed a Title Suit No. 1 of 2018 in the Court of Sub Judge, Seohar for specific performance of the contract / agreement in question and the petitioner has appeared and filed the written statement. It is further submitted that the nature of allegation levelled in the present case is purely civil in nature, hence, no impediment would be caused if the petitioner is granted regular bail. It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 01.011.2018. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 235 of 2017. (Mohit Kumar Shah, J) ajay gupta/- U T