Swami Nath Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18662 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. Swami Nath Choudhary Son of Late Raj Pati Choudhary, Resident of village - Madarwani, Police Station - Phulwariya, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406 and 506 of the Indian Penal Code.

Allegation against the petitioner is that he had taken consideration money for sale of his land. However, he did not sell the same to the informant rather has already sold the same to some other person.

During course of hearing of this application, learned counsel for the informant/complainant produced a copy of the Punchanama which does not contain the description of property which was subject matter of agreement between the parties. Apparently, the aforesaid Punchanama cannot be

Patna High Court Cr.Misc. No.18662 of 2017 (2) dt.28-04-2017 2/2 enforced in a civil proceeding as an agreement to sell, hence, no criminal liability is made out.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Gopalganj/successor Court in connection with Phulwariya Police Station Case No. 15 of 2017, G.R. No. 210/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T