Patna High CourtCR. MISC./29563/2024bail granted

Rahul Kumar Singh @ Rahul Kumar v. The State Of Bihar

2024-07-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29563 of 2024 Arising Out of PS. Case No.-1061 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Rahul Kumar Singh @ Rahul Kumar SON OF Late Sanjay Singh @ Awadhesh Kumar Resident Of Village- Nayipokhar, Ps- Rajgir, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar Sinha For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsel for the petitioner and Sri Pramod Kumar Pandey, learned A.P.P. for the State.

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

3. It is alleged that despite receiving the consideration money, the petitioner refused to execute the sale-deed in favour of the complainant and also failed to refund the amount.

4. Learned counsel for the petitioner submits that the dispute involved in the complaint case is of a civil in nature and no criminal offence is made out against this petitioner. At best, on the basis of allegation, it would amount to civil liability interse the parties and no criminal liability can be attributed to this petitioner. It is out-and-out a civil dispute, for which, complainant has got some other remedies. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.29563 of 2024(3) dt.11-07-2024 2/2

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged 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 J.M. 1st Class, Nalanda at Biharsharif in connection with Complaint Case No. 1061-C of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T