Brijnandan Prasad @ Doman Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.16702 of 2015 (2) dt.11-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16702 of 2015 Arising Out of PS.Case No. -305 Year- 2013 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Brijnandan Prasad @ Doman Yadav son of Babulal Yadav Resident of Village- Naurhu Tola, Baijnath Bigha, Police Station & District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kamal Kishore Sharma S/o Late Kuldip Singh R/o Village and post Siyarampur, P.s- Paliganj, district- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Complaint Case No. 305/2013 for the offence punishable under section 420 of the Indian Penal Code.

The prosecution case , as per the complaint, is that the petitioner cheated the complainant by selling the quantum of land, which he was not authorized to sell.

It has been submitted on behalf of the petitioner that the very bare perusal of the complaint petition would appear that the entire allegation relates to civil dispute and it cannot be decided in a criminal prosecution, but with all fairness it has been

Patna High Court Cr.Misc. No.16702 of 2015 (2) dt.11-06-2015 submitted that the petitioner is ready to deposit the amount of Rs.5,00000/-(five lakhs) within three months in the court below, which may be released in favour of the complainant. On behalf of the State it has been conceded that if the petitioner deposits the aforesaid amount in the court below, he may be released on bail. Further, on behalf of the State it has been submitted that the petitioner is named in the complaint petition. Considering the facts and circumstances of the case, let the petitioner Brijnandan Prasad @ Doman Yadav be released on provisional bail for a period of three months on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Jehanabad, in connection with Complaint Case No. 305/2013/Tr. No. 3629/2014, subject to condition that the provisional bail shall be confirmed only after the petitioner deposits Rs.5,00000/-(five lakhs) in the court below, which shall be released in favour of the complainant.

(Sudhir Singh, J) B.Roy/- U T