Nand Kishor Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34554 of 2023 Arising Out of PS. Case No.-446 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== NAND KISHOR SINGH SON OF LATE SHYAM BIHARI SINGH Resident of village- Shyam Kamla Bhawan, Chitrawani road, village-MohallaBhatthabazar, P.S.-K. Hat,District-Purnea ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
ARVIND SHARMA SON OF LATE ANANDI SHARMA R/O village-/mohalla- Rajendra Nagar, Madhubani, P.S.-K. Hat, (Madhubani) District-Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Singh For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan Mr.Shivesh Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420 and 406 of the Indian Penal Code.
3. It is alleged that this petitioner committed breach of trust and cheated Rs. 10,00,000/- (ten lacs) from the complainant after entering into an agreement with regard to sale of land, appertaining to Khata No. 1136, Plot No. 1355 at Mauza Madhubani measuring 6 decimals 300 square kadi.
4. It is submitted on behalf of petitioner that the dispute relates to civil nature, however; colour of criminal
Patna High Court CR. MISC. No.34554 of 2023(3) dt.31-07-2023 2/2 offence has been given. As a matter of fact, no agreement was signed by the petitioner either to sale the alleged land or to return any money to the complainant.
5. However, learned counsel for the complainant vehemently opposed the bail petition and submitted that petitioner is habitual offender. Earlier also, he has committed the similar offence, for which, complaint case No. 1008 of 2020 was lodged against petitioner.
6. Considering the nature of accusation and similar nature of criminal antecedent of petitioner, his prayer for anticipatory bail is rejected.
(Prabhat Kumar Singh, J) anay/- U T