Nandlal Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22156 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Nandlal Prasad Son of Late Faguni Raut Resident - Sakin, Banuchhapar, Dusaiya Tola Ward No.15, P.O.- Bettiah Dih, West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priti Verma W/o Sree Niraj R/o ward no. 15, Husya Tola, Banuchapra, P.s. - Mahuapul, O.P, Distt. - West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Devam , Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP For OP 2 :
Mr. Nishant , Advocate Mr. Harshit Ranjan, Advocate Mr. Anand Kumar Tiwari , Advocate Mr. Jyoti Prakash, Advocate Mr. Gaurav Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 406, 420, 467, 468 , 504, 34 and 120 (B) of the Indian Penal Code . 3 . Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 06.09.2024 , it appears that the mediation between the parties has failed.
4. As per the prosecution case , allegation against this petitioner is that despite receiving consideration money
Patna High Court CR. MISC. No.22156 of 2024(5) dt.10-09-2024 2/2 petitioner refused to execute the sale deed in favour of informant and also refused to return the alleged amount. 5 . Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village politic. Moreover, the dispute involved in the present case relates to sale and purchase of land, which is purely civil in nature. None of the acts allegedly committed by this petitioner would give rise to any criminal liability .
6. Learned counsel for the State as well as informant opposes the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate West Champaran at Bettiah in connection with Bettiah Mufassil P.S. case No. 485 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T