Manoj Kumar Singh @ Bhushan Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3206 of 2019 Arising Out of PS. Case No.-90 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Manoj Kumar Singh @ Bhushan Singh, aged about 52 years (M), son of Late Sachidanand Singh Resident of Village - Chatra, Police Station - Vidyapati Nagar, District - Samastipur ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sudhir Kumar Chaudhary, complainant, son of Late Bindeshwari Prasad Chaudhary Resident of Village - Badhauna, Police Station- Vidyapati Nagar, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-02-2019 This is an application for grant of anticipatory bail in connection with C.R. No. 90 of 2016, disclosing offences under Sections 323, 504, 406, 417 of the Indian Penal Code. Allegation against the petitioner is that he has taken Rs.5,48,000/- from the complainant for sell of piece of a land, but neither he has executed the sale-deed nor returning the money.
Submission of learned counsel for the petitioner is that the uncle of the petitioner is co-sharer of the disputed land and the complaint was known about the same.
Heard learned A.P.P. as well as learned counsel for the complainant, they have opposed the prayer for anticipatory bail
Patna High Court Cr.Misc. No.3206 of 2019(3) dt.07-02-2019 2/2 of the petitioner stating that the complainant has paid altogether Rs.5,48,000/- and neither the petitioner is not returning the money nor executed the sale-deed.
Having heard both sides, considering the above facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court. Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T