Pintu Ray @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6344 of 2023 Arising Out of PS. Case No.-15 Year-2022 Thana- DANAPUR District- Patna ====================================================== Pintu Ray @ Pintu Kumar Son Of Arvind Ray Resident Of Village- Habaspur Dera, Adhalagia, P.S.- Sahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420, 504, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he committed fraud by taking money from the informant for execution of land but the petitioner neither ready to execute the land nor he ready to return the said money of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-10 of this petition that the allegation against the petitioner is totally civil dispute not a case of criminal nature. It is also

Patna High Court CR. MISC. No.6344 of 2023(5) dt.27-07-2023 2/2 submitted that if the allegation of the informant is true then he has option to file a civil suit for specific performance to execute the sale deed but informant not choose the same because the alleged agreement is fabricated and false. Moreover, the petitioner is languishing in judicial custody since 26.05.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that despite receiving the money, the petitioner did not execute the sale deed in favour of the informant.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Danapur P.S. Case No. 15 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur, Patna. (Sunil Kumar Panwar, J) Shubham/- U T