Surya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21581 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Surya Kumar Singh S/o Sri Bindeshwari Singh, resident of villageAriaon, PS.- Krishna Brahma, District- Buxar, President of Vdiyadaan Institute of Technology and Management, situated at Village- Ariaon, P.S.- Krishna Brahma, District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamala Kant Tiwary For the Opposite Party/s : Mr. Nawal Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Buxar Town P.S. Case no. 24 of 2016 under sections 406 and 420 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that from the allegations made in the first information report itself it would be abundantly clear that the dispute between the parties is of civil nature. The informant wants to get a civil dispute adjudicated by a criminal court which is not permissible in the eye of law. He has further submitted that there is no allegation that there was any inducement by the petitioner on the basis of

Patna High Court Cr.Misc. No.21581 of 2016 (2) dt.25-05-2016 which the informant parted with any money.

On the other hand, learned counsel for the informant has vehemently opposed the application for grant of anticipatory bail. He has submitted that the petitioner has cheated the informant as a result of which he sustained loss of Rs.1,27,31,000/-.

Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar Town P.S. Case No. 24 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Ashwani Kumar Singh, J) Amin/- U