Mithilesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21947 of 2023 Arising Out of PS. Case No.-1705 Year-2020 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MITHILESH CHAUDHARY S/O LATE VASUDEV CHAUDHARY R/O Village- Badi Yusufpur, P.S- Industrial Area, Distt.- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanjay Kumar S/O Late Ravindra Chaudhary R/O Village- Sahdullahpur, P.S- Gangabridge, Distt.- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Suresh Prasad Singh Mr. Yugal Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned Additional Public Prosecutor for the State.

2. Vide order dated 27.06.2023, learned counsel for the complainant was directed to file a detailed counter affidavit in the present case, enclosing the sale deed which is deposited in the registry office, but he has not complied the order dated 27.06.2023.

3. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code.

Patna High Court CR. MISC. No.21947 of 2023(3) dt.25-07-2023 2/3

4. The allegation against the petitioner is that after taking consideration amount from the complainant, did not executed the sale deed and fled away from the registry office.

5. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. He submits that no agreement was made for sale of land between the petitioner and the complainant. He further submits that the matter is of civil nature of dispute. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.

6. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case as this is a case of civil dispute, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with

Patna High Court CR. MISC. No.21947 of 2023(3) dt.25-07-2023 3/3 Complaint Case No.1705 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T