Phillip Silas Masih @ Bishop Dr. Phillip S.Masih v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8927 of 2020 Arising Out of PS. Case No.-530 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Phillip Silas Masih @ Bishop Dr. Phillip S.Masih Son of Late Silas Masih, Resident of - Bishop House - 37, Cantonment Road, P.O.- Lal Bagh, P.S.- Kaiser Bagh, District - Lucknow, State - Uttar Pradesh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Sudha Ambastha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Nawada (Ara) P.S. Case No. 530 of 2019 for the offence punishable under Sections 406 and 420/34 of the Indian Penal Code.

The allegation is regarding the petitioner having undertaken to sell 30 kathas of church land, whereafter the informant is stated to have met the accused persons and paid advance money to the tune of Rs. 51.70 lacs, however, subsequently sale deed was executed only for 26 kathas of land. The learned Senior counsel for the petitioner has submitted that the allegation levelled against the petitioner is purely of a civil nature and the complainant/ informant is well

Patna High Court CR. MISC. No.8927 of 2020(2) dt.02-03-2020 2/2 advised to approach the competent court of civil jurisdiction for redressal of his grievances. It is further submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned senior counsel for the petitioner and taking into account the fact that the allegation levelled in the present case is purely of a civil nature, I deem it fit and proper to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Ara in connection with Nawada (Ara) P.S. Case No. 530 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T