Nand Lal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27380 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== NAND LAL THAKUR Son of Late Sakhichand Thakur Resident of Village - Bhikhampur, P.S.- Bhagwanpur Hat, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has prayed for grant of anticipatory bail in connection with Bhagwanpur Hat P.S.Case No.214 of 2018 arising out of Complaint Case No.196 of 2018 registered for the offences under Sections 323, 406, 420, 465, 468, 384, 379, 504, 506 of the Indian Penal Code.

The allegation as per the F.I.R. relates to a dispute with respect to a transaction of sale/purchase of land in which it is alleged by the informant that in spite of the informant having given total consideration amount to the petitioner, he has still not given receipt/chircut to the informant against which he could obtain the original registered sale deed from the office of the Registrar.

Patna High Court CR. MISC. No.27380 of 2019(3) dt.17-07-2019 2/2 It is submitted by learned counsel for the petitioner that from bare reading of the F.I.R. it would transpire that this matter is one of civil dispute. In fact, it is the petitioner who still has to obtain Rs.1.7 lacs from the informant against the said transaction.

Having heard counsel for the parties and taking into consideration the nature of allegation as narrated in the F.I.R., this Court is inclined to grant bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Siwan in Bhagwanpur Hat P.S. Case No.214 of 2018 arising out of Complaint Case No.196 of 2018 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure.

(Partha Sarthy, J) aks/- U