Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31713 of 2019 Arising Out of PS. Case No.-2164 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== AMRENDRA KUMAR Son of Vaidehi Sharan Prasad, Resident of VillageRajendra Nagar Road No.2, P.S-Kadamkuan, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.2164© of 2018 dated 21.5.2018 registered for offences punishable under Sections 323, 406, 420, 120(b), 467, 468, 469, 470, 471, 504 of the Indian Penal Code. As per the complaint petition, there is allegation that the petitioner being a land-broker along with the co-accused persons got Gairmajarua land executed in favour of the complainant and his wife and took huge amount 46,40,000/- of the complainant. It is also alleged that neither constructed the boundary nor gave possession over that land as per the condition of the agreement and later on the complainant came to know that the land is Gairmajarua land.

Patna High Court CR. MISC. No.31713 of 2019(2) dt.24-07-2019 2/2 Submission of the learned counsel for the petitioner is that as a matter of fact recital of the agreement shows that he has been given Rs.5,50,000/- , which appears from para 5 of the complaint case and he is ready to return the aforesaid mount. On the other hand the learned counsel for the O.P.no.2 has opposed the prayer for bail on the ground that two agreements were executed for that and in one agreement, the petitioner has taken Rs.5,50,000/- and in another agreement the petitioner has taken Rs.16,50,000/- from him, which will also appear from the agreement signed by the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender before the learned court below and pray for regular bail and at that time, if the petitioner is ready to return the amount, the same shall be considered while passing order on the bail application. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T