Brij Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29849 of 2019 Arising Out of PS. Case No.-1682 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

BRIJ KISHORE SINGH Son of Shaligram Singh 2.

Raj Kishore Singh Son of Shaligram Singh 3.

Shaligram Singh Son of Late Ramsinghasan Singh All are resident of Village - Rupaspur, P.S.- Tekari, Dist.- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjeet Singh Son of Late Shambhu Singh Resident of Village - Rupaspur, P.S.- Panchanpur, Dist.- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Hriday Prasad For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2019 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No.1682 of 2017 registered under Sections 323, 420 and 34 of the Indian Penal Code.

The complainant alleged that the land of the petitioners are situated by the side of the brick kiln run by the complainant. The complainant requested the petitioners to lease out the land of Khata No.88 and 80 Plot Nos.809, 823, 804, 523, 524, area 262 decimals for 21 years and on such, the petitioners took Rs.6 lacs as advance and it is also agreed that Rs.78,600/- shall be paid to the petitioners as annual rent of the land. Later

Patna High Court CR. MISC. No.29849 of 2019(2) dt.07-05-2019 2/2 on, Avinash Kumar came and asked the complainant to vacate the land on the ground that he had taken the land of the petitioners on rent.

The learned counsel for the petitioners submits that petitioners never took any advance from the complainant. No rent was paid to the petitioners.

Taking into consideration the fact that the dispute arose due to breach of contract between the complainant and the petitioners contained in agreement/lease to lease out the land of the petitioners to the complainant, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Gaya in connection with Complaint Case No.1682 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T