Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24619 of 2022 Arising Out of PS. Case No.-690 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Amresh Kumar, Son Of Ramashish Singh Resident Of Village - Dhanpur , P.S.- Kashichak, Distt.- Nawada, At Present Residing At Faridabad, English, Ward No.5, Block, Lakhisarai, P.S. And Distt.- Lakhisari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma- Sr. Advocate Mr. Rajesh Kumar- Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned senior counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.

The learned senior counsel for the petitioner submits that the petitioner is person with clean antecedent and the informant alleges that the accused persons after receiving Rs.50 Lakhs from different intending purchasers of land did not execute the sale deed despite informant was ready along with other intending purchasers to make the entire payment for land in question. The learned senior counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that from bare perusal of the allegation as alleged in the

Patna High Court CR. MISC. No.24619 of 2022(2) dt.10-11-2022 2/2 F.I.R., it would manifest that the dispute is purely civil which has been given a colour of criminal case. It is next submitted that if what has been alleged in the F.I.R. is true, then informant has remedies available in law. It is next submitted that even the informant has filed a suit for the Specific Performance of Contract bearing Title Suit No.149 of 2021 (Annexure-3 to the anticipatory bail application). Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Lakhisarai P. S. Case No.690 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T