Raju Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28139 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- INDUSTRIAL District- Bhagalpur ====================================================== RAJU MANDAL Son of Kartik Mandal Resident of Village Nayatla Meera Chak, P.O. Bahadurpur, Sabour, P.S. Industrial Area, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Industrial Area P.S. Case No. 01 of 2022, registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

As per allegation, the mango orchard belonging to the Department of Indian Institute of Information Technology, Bhagalpur was settled to the petitioner. Despite the reminders, the petitioner failed to deposit consideration money of Rs. 7,65,000/- to the Department.

The learned counsel for the petitioner has submitted that the petitioner is innocent. It is a case of civil nature. He has

Patna High Court CR. MISC. No.28139 of 2022(3) dt.16-01-2023 2/2 submitted further that as a matter of fact, the Department had initially settled the orchard in favour of the petitioner for two years from 2019-20 and 2020-21, but later on, the Department after cancelling the allotment of the petitioner, settled that orchard in favour of one Sanjay Chaudhary. He has also submitted that the petitioner has deposited Rs. 9,35,000/- for the year 2019-20. It appears to be a case of civil nature.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P.S. Case No. 01 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T