Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9078 of 2022 Arising Out of PS. Case No.-152 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== Rajnish Kumar Son of Jaleshwar Sharma Resident of Village- Sahar Rampur, P.S.- Naubatpur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs.Priyanka Singh, Advocate.

For the Opposite Party/s :

Mr.Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code and later on added Sections 419, 467, 468, 469, 471 of the Indian Penal Code.

Allegedly this petitioner and co-accused persons misappropriated a sum of Rs. 70,000,00/- given by the informant for the purpose of purchasing a piece of land and in this regard two agreements deeds executed but later on petitioner and co-accused persons denied to transfer the said land and also did not return the alleged misappropriated money. The main submissions advanced by learned counsel

Patna High Court CR. MISC. No.9078 of 2022(2) dt.23-06-2022 2/2 for the petitioner are that this petitioner has been languishing in jail since 1.7.2021, as per prosecution story the alleged wrong attracts a breach of a contract which is completely a civil wrong but the informant tried to give the colour of criminal to the alleged civil wrong and the informant should file a civil suit for specific performance of contract if any wrong has been committed with regard to non execution of the alleged agreement.

Learned APP has opposed the prayer for bail.

In view of the above submissions and considering the nature of allegation which mainly attracts a civil wrong and also considering the clean antecedent of this petitioner mentioned in para 3 of his petition and his long custody period a lenient approach can be taken in respect of petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Naubatpur P.S. case No. 152 of 2021.

(Shailendra Singh, J) siddharthkr/- U T