Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45752 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -JAKKANPUR District- PATNA ====================================================== Bhola Kumar Son of Subhash Rai, R/o Mohalla- Bigrahpur, P.S.- Jakkanpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Jakkanpur P.S. Case No. 138 of 2016 dated 07.06.2016 for the offences punishable under Sections 420, 34 of the Indian Penal Code.

The case of the prosecution is that the informant Mundari Devi was allured by the petitioner and others for paying huge amount of money with the promise that they would execute a sale deed. However, they had not executed any sale deed and had misappropriated the said amount.

Learned counsel for the petitioner submits that as far as other two accused persons are concerned, on whom absolutely similar allegations have been levelled, have already been granted

Patna High Court Cr.Misc. No.45752 of 2017 (2) dt.20-09-2017 2/2 bail by the learned trial court. It is further submitted that the present case is purely a case of civil nature and at best civil case can be initiated and the present criminal prosecution is mala fide in nature.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned SubJudge-I-cum- A.C.J.M., Patna in connection with Jakkanpur P.S. Case No. 138 of 2016.

(Mohit Kumar Shah, J) BTiwary/- U T