Birendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6134 of 2015 Arising Out of PS.Case No. -156 Year- 2013 Thana -GARDANIBAGH District- PATNA ====================================================== Birendra Prasad Singh son of Late Jai Nandan Prasad Singh, Resident of 3C, Sneh Plaza, Sardar Patel Path, North S.K. Puri, Police Station: S.K. Puri, District : Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Ajay Kr. 2, APP. For the Informant: Mr. R. Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-04-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 467, 468 and other sections of the Indian Penal Code. Allegation against the petitioner is that he took money from the complainant for delivery of a flat but the petitioner neither returned the money nor delivered possession of the flat to the complainant. It is submitted that the petitioner is a builder. Some dispute arose between the builder and the land owner and, on account of such, the complainant also approached the land owner and gave him money. The petitioner is in jail since 17.05.2014. Many purchasers had filed cases against the petitioner wherein the petitioner has been granted bail vide orders passed in Cr. Misc. No. 11901/2015 and Cr. Misc. No. 3451/2015. Considering the facts aforesaid and the nature of

Patna High Court Cr.Misc. No.6134 of 2015 (6) dt.21-04-2015 2/2 allegation made against the petitioner and the fact that the petitioner has already remained in jail for 11 months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction Sri Manoj Kumar-V, Judicial Magistrate, 1st Class, Patna in Gardanibagh P.S. Case No. 156/2013.

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