Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18403 of 2019 Arising Out of PS. Case No.-1519 Year-2015 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== RANJEET KUMAR, aged about 47 years, Male, S/o Dayananda Prasad, village-Raghubigha (Sabait), P.S & DistrictNalanda ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Prasanna Bihari Sharan, S/o- Late Dharm Raj Prasad Singh, Village- Chandi, PS.- Warsaliganj, District- Nawada ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Mohan Mishra, Adv.

For the Opposite Parties :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

No one appears on behalf of the opposite party no. 2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1519 of 2015 (C.R. No. 7220 of 2015) for the offence alleged under Section 420 of the Indian Penal Code. The accusation is that complainant/opposite party no. 2 took the land on lease for 20 years and established rice mill. While he was running the rice mill, due to some problem, on 16.04.2012, he let out the rice mill to the petitioner under agreement for running the same on rent of Rs.1,80,000/- per year. The petitioner paid the rent till March, 2013, but, thereafter, he did not pay the rent till March, 2015, then,

Patna High Court CR. MISC. No.18403 of 2019(5) dt.08-08-2019 2/3 complainant/opposite party no. 2 sent the legal notice on 24.04.2015 making demand of the rent. Thereafter, only Rs.1,50,000/- has been paid out of Rs.5,40,000/- and remaining amount of Rs.2,90,000/- is due. When the complainant/opposite party no. 2 came to State Food Corporation, Nawada, then, came to know that District Manager has filed Warisaliganj P.S. Case No. 91 of 2015 in which Laxmi Saw is made accused while the complainant/opposite party no. 2 has not given the rice mill to Laxmi Saw, as such, petitioner, Ranjeet Kumar, under conspiracy putting the forged signature on agreement let out the mill to Laxmi Saw.

The submission of the learned counsel for the petitioner is that the petitioner is ready to pay the remaining amount of Rs.2,90,000/- and further yearly rent till 2017 of the period of the lease within six months.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

In view of the submission of the learned counsel for the petitioner, let the petitioner, above named, in the event of surrender/arrest, within a period of eight weeks from today, in connection with Complaint Case No. 1519 of 2015 (C.R. No. 7220 of 2015) shall be released on bail on furnishing bail bond

Patna High Court CR. MISC. No.18403 of 2019(5) dt.08-08-2019 3/3 of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IV, Nawada, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code with the condition to furnish the receipt about payment of Rs.2,90,000/- to complainant/opposite party no. 2. The rest arrear amount would be paid by the petitioner within six months, failing which trial Court would be at liberty to cancel the bail bond of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U