Arvind Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32792 of 2021 Arising Out of PS. Case No.-311 Year-2018 Thana- RUPASPUR District- Patna ====================================================== ARVIND KUMAR TIWARI Son of Late Ram Pujan Tiwari Resident of Village - Upharpura, Sahay nagar, P.S. - Phulwari Shariff, Dist. - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Jee Mishra, Advocate For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner, Mr. Rajeev Ranjan Sinha learned counsel for the informant and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Rupaspur P.S. Case No. 311 of 2018 instituted for the offences under Sections 406, 420, 341, 323 and 504/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 04.06.2020, charge-sheet has been submitted in this case and has antecedent of one complaint case as mentioned in para 3 of the bail application. The informant in the FIR alleges that he gave Rs.24,25,000/- to the petitioner for purchasing his constructed
Patna High Court CR. MISC. No.32792 of 2021(4) dt.10-01-2022 2/3 house for which an agreement for sale was entered into between the informant and the petitioner. Further the petitioner after taking the advance refused to execute the sale deed. Learned counsel for the petitioner submits that the petitioner vehemently disputes the sale deed as not being genuine and submits that this informant is a land grabber. Learned counsel further submits that admittedly a civil dispute has been given colour of a criminal case, if informant is aggrieved by the conduct of the petitioner and what he alleges in the FIR is true then his remedy lies elsewhere, either he should file a suit for specific performance or any other civil remedy as available to him in accordance with law that is money suit etc. Learned A.P.P. for the State and the learned counsel for the informant vehemently opposes the prayer for regular bail of the petitioner.
Learned counsel for the informant submits that the petitioner after taking Rs.24,25,000/- refused to execute the sale deed and, as such, the petitioner should either repay the amount in one go or in installment.
The Criminal Courts are not meant for getting civil disputes adjudicated through coercion if the informant is aggrieved he has his remedy elsewhere.
Patna High Court CR. MISC. No.32792 of 2021(4) dt.10-01-2022 3/3 Considering the fact that the petitioner is in custody since 04.06.2020, charge-sheet has been submitted in this case and prima facie the case is of civil dispute let the petitioner above named 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 learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Rupaspur P.S. Case No. 311 of 2018.
(Satyavrat Verma, J) Kundan/- U T