Suresh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19941 of 2019 Arising Out of PS. Case No.-123 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== SURESH PRASAD SINGH Son of Shyam Lal Mandal @ Shyam Prasad Singh Resident of Village - Sakrama, P.S.- Sanhaula, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neelam Kumari For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sanhaula P.S. Case No. 123 of 2018, registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.

The allegation is regarding the informant having entered into an agreement with the petitioner for a total consideration of Rs. 8 lakhs to be paid as security deposit for four shops and a residential accommodation, whereupon the informant is said to have paid a sum of Rs. 6,21,000/-, however, later on, the petitioner had rented out the said shops to some other persons resulting in breach of agreement.

Patna High Court CR. MISC. No.19941 of 2019(2) dt.05-04-2019 2/3 The learned counsel for the petitioner submits that the allegation levelled in the F.I.R. is purely civil in nature and the remedy is available for the petitioner to approach the competent court of civil jurisdiction. Nonetheless, it is submitted that the petitioner has already paid a huge sum of money to the informant. It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 25.12.2018.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail and submits that no money has been repaid to the informant.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sanhaula P.S. Case No. 123 of 2018. At this stage, the learned counsel for the informant seeks liberty to pursue his claim before the competent court of civil jurisdiction. Liberty so sought, is granted, since the informant is

Patna High Court CR. MISC. No.19941 of 2019(2) dt.05-04-2019 3/3 free to pursue his claims in accordance with law, even otherwise.

(Mohit Kumar Shah, J) ajay gupta/- U T