Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26736 of 2020 Arising Out of PS. Case No.-693 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== RAVI SHANKAR KUMAR, S/o Mahendra Prasad, Resident of VillageParoha, P.S.-Manpur, District- Nalanda, Present Residing at Mohalla- Patel Nagar, Ramchandrepur, P.S.- Leheri, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mithelesh Kumar, S/o Late Kishore Lal, Resident of Village + P.S.- Deepnagar, District- Nalanda, PH-6200858986 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Baljit Singh, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Bihar P.S. Case No. 693 of 2019 for the offence under Sections 406/420/34 of the Indian Penal Code. Allegation against the petitioner is that in breach of the agreement of sale of land he acted and instead of ensuring execution of sale deed for 80.275 decimals of land, only 32.77 decimals of land have been registered.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that as against the consideration money of Two crore and odd Rs. 1,54,31,000/- was only paid and therefore only 32.77 decimals of land has been transferred by the registered sale deed

Patna High Court CR. MISC. No.26736 of 2020(2) dt.06-11-2020 2/2 and since there was no payment of entire consideration money, the rest land (80.275-32.77 decimals) was not registered. He further submits that the dispute pertains to financial transaction and, as such, the present case is designed exert pressure on the petitioner. He further submits that the informant has remedy, if he has any grievance for non-fulfillment of terms of agreement in civil suit.

Considering the totality of the facts and circumstances of the case, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda in connection with Bihar P.S. Case No. 693 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the petitioner shall not alienate any piece of land without prior permission of the Court where the present criminal case is pending.

(Anil Kumar Upadhyay, J) uday/- U T