Patna High CourtCR. MISC./35743/2024bail granted

Anil Kumar v. The State Of Bihar

2024-07-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35743 of 2024 Arising Out of PS. Case No.-72 Year-2021 Thana- NAGAR District- Vaishali ====================================================== Anil Kumar Son of Shiv Kumar Sharma Resident of village - Tangaul, P.S.- Hajipur Town, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh Mr.Manish Chandra Gandhi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the parties.

2. The petitioner seeks bail in a case registered for offence under Sections 406, 420/34 of the Indian Penal Code.

3. Allegation against this petitioner is that he made an agreement with the informant to execute a sale-deed of 9 (nine ) dhurs land at the cost of Rs. 34,80,000/-, however; after receiving the whole consideration money, neither the petitioner executed the sale-deed nor returned the consideration money to the informant

4. Learned counsel for the petitioner submits that dispute involved in the present case is of civil nature and none of the acts allegedly committed by the petitioner give rise to any criminal liability. It is out-and-out a civil dispute, for which,

Patna High Court CR. MISC. No.35743 of 2024(2) dt.19-07-2024 2/2 informant has got some other remedy. Petitioner has got clean antecedent and is in custody since 27.10.2023.

5. Learned counsel for the informant vehemently opposes the bail petition and submits that there is specific allegation against this petitioner that despite taking consideration money he did not execute the sale-deed in favour of the informant.

6. Considering the fact that dispute is purely of a civil nature and petitioner is in custody since 27.10.2023, the prayer for bail of petitioner is allowed.

7. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 72 of 2021.

(Prabhat Kumar Singh, J) anay U T