Dayashankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42340 of 2024 Arising Out of PS. Case No.-762 Year-2020 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Dayashankar Singh Son of Late Bhola Singh R/O Village - South Ekauna, P.S.- Udwantnagar, District - Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md. Raziuddin Son of Late Md. Azimuddin Ahmed R/O Mohalla - Rauza, P.S.- Ara (Town), District - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate Mr. Bhubneshwar Mahto, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 406 of the Indian Penal Code.
3. According to F.I.R., this petitioner refused to execute sale deed in favour of the O.P. No. 2, for which he was paid part consideration money pursuant to an agreement.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with an ulterior motive. He next submits that pursuant to the alleged agreement, petitioner has already sold the land in question at
Patna High Court CR. MISC. No.42340 of 2024(2) dt.18-07-2024 2/2 behest of the complainant and his partner Rana Pratap Singh to different persons told by the complainant, who is working as broker of the land. Moreover, this dispute involves sale and purchase of land between the parties which is pre-dominantly a case of civil nature and complainant has got alternative remedy before the learned court below.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 of Judicial Magistrate, 1st Class, Bhojpur at Ara in connection with Complaint Case No. 762(C) of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T