Birendra Mehta @ Birendra Prasad Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33035 of 2025 Arising Out of PS. Case No.-295 Year-2023 Thana- COMPLAINT CASE - UDAKISHUNGANJ District- Madhepura ====================================================== Birendra Mehta @ Birendra Prasad Mehta S/O Late Laxmi Mehta Resident of Village- Garhia Balua, P.S- K. Nagar, Distt.- Purnea (Bihar).... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Santosh Kumar S/O Rabindra Kumar Mehta R/O Village- Tararahi, Ward No. 18, P.S- Bihariganj, Distt.- Madhepura.

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Complaint Case No. 295 of 2023 registered for the offences punishable under Sections 147, 323 and 420 of the Indian Penal Code.

3. As per complaint, the petitioner after receiving cash of Rs. 5 lacs in terms of agreement dated 10.11.2020 failed to execute the sale deed, for which the agreement was executed.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.33035 of 2025(6) dt.28-01-2026 2/3 behalf of the petitioner that the present criminal case is completely unoccasioned and unwarranted as dispute between the parties primarily appears civil in nature. It is submitted that on the assurance, the agreement was signed by the petitioner but only Rs. 50,000/-was transferred to the UPI account of son of the petitioner.

5. Both parties appeared in person in support of their claim.

6. It is submitted by learned counsel appearing for the complainant/opposite party no. 2 that the payment was made in cash.

7. In view of aforesaid factual submissions and by taking note of fact as dispute primarily civil in nature, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Madhepura/concerned Court, where the case is pending in

Patna High Court CR. MISC. No.33035 of 2025(6) dt.28-01-2026 3/3 connection with Complaint Case No. 295 of 2023 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T