Santosh Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13222 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== SANTOSH RAVIDAS son of Sri Chandeshwar Ravidas Resident of Village - Mohalla Imadpur, P.S.- Bihar, Distt.- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr. Ritwaj Raman Mr.Pravin Kumar For the Informant :

Mr. Mukesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bihar P.S. Case No. 469 of 2018 registered for the offence punishable under Sections 467, 468, 471, 420, 406, 120B and 506 of the Indian Penal Code.

The allegation in the FIR, according to the informant, is that on 05.10.2018 the petitioner had executed a deed of agreement to sale in the name of one Bunty Kumar Prasad in respect of a piece of plot for which the informant had paid a sum of Rs. Nine lacs as consideration money and the petitioner along with the co-accused persons had assured that the sale deed would be executed, however, subsequently, the accused persons

Patna High Court CR. MISC. No.13222 of 2019(2) dt.26-03-2019 2/2 had failed to either return the money or execute the sale deed. The learned counsel for the petitioner submits that the remedy for the informant lies before a competent court of civil jurisdiction inasmuch as at best the present case can be said to be a case of violation of the terms and conditions of the agreement to sale, which has to be enforced by way of filing a proper suit before the competent court of civil jurisdiction. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 12.10.2018. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda in connection with Bihar P.S. Case No. 469 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T