Bindeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19176 of 2020 Arising Out of PS. Case No.-643 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Bindeshwar Singh S/o Late Huseni Singh Resident of Village- Saifganj, P.S.- Bankey Bazar, Distt- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jitendra Kumar S/o Sri Sohan Prasad Resident of Village- Tarban, P.S.- Bankey Bazar, Distt- Gaya.

... ... Opposite Party/s ====================================================== Appearance For the Petitioner : Mr. Binod Murari Mishra, Advocate For the State : Mr. Madan Kumar, APP For the Complainant : Mr. Kumar Ganesh Gunjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2020 Heard learned counsels for the petitioner, the informant and learned APP for the State through video conferencing.

The petitioner who is in custody since 24.1.2020 has filed the instant application for grant of regular bail in connection with Complaint Case no. 643 of 2017 registered under section 420, 467, 468 and other sections of the Indian Penal Code.

As per allegation in the complaint, the complainant is stated to have given a sum of Rs. 3.5 lacs to the petitioner against which he executed a registered deed of mortgage. It is further stated that the complainant further gave a sum of Rs. 5 lacs to the petitioner, however, on asking for his money to be returned, the petitioner was not ready to return money and was also disturbing his

Patna High Court CR. MISC. No.19176 of 2020(2) dt.04-06-2020 2/2 possession over the land. It is further stated that he was also threatening that he would beat up the complainant. It is submitted by learned counsel for the petitioner that the allegation as levelled in the complaint are false and concocted and in any case of the matter in dispute is one of purely civil in nature. The petitioner has no criminal antecedent and is in custody since 24.1.2020. The application for bail is opposed by learned APP for the State and learbed counsel for the Complainant. Having heard learned counsel for the parties and taking into consideration the nature of allegation as made in the complaint together with the petitioner being in custody since 24.1.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Complaint Case no. 643 of 2017 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati, Gaya.

(Partha Sarthy, J) Prakash/- U