Aswani Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9520 of 2015 Arising Out of PS.Case No. -447 Year- 2014 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Aswani Kumar Thakur son of Shri Yoshadanand Thakur, resident of village- Madhubani, P.S. - Sadar, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-07-2015 Heard learned counsel for the petitioner. None appears on behalf of the State.

The petitioners seek anticipatory bail in connection with Sadar P.S. Case No.447 of 2014 registered for the offences punishable under sections 323, 406, 420, 467, 468, 471 and 120-B read with 34 of the Indian Penal Code.

It is contended that initially a complaint was filed which was referred to the police pursuant to which the present FIR has been instituted. The prosecution case as alleged in the FIR is that the informant gave rupees thirty lakhs to the petitioner as advance for purchase of a piece of plot. Later on, the petitioner refused to execute the sale deed. Learned counsel for the petitioner submits that the entire allegations are false and concocted. Save and except ocular allegation, there is no other material to support the allegations made

Patna High Court Cr.Misc. No.9520 of 2015 (3) dt.30-07-2015 2/2 in the complaint. The dispute, if any, is of civil nature. Moreover, he submits that even if the entire allegations are believed to be true, the same would not attract the ingredients of the offences alleged in view of law laid down by the Supreme Court in Murari Lal Gupta vs. Gopi Singh, [(2006) 2 SCC (Cri) 430].

Learned counsel for the informant has vehemently opposed the prayer for bail. He has submitted that though a Mahadnama was executed by the petitioner after receiving rupees thirty lakhs in cash, he has refused to execute the sale deed in favour of the informant. He further contended that the petitioner has misappropriated the amount and cheated the informant. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, 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, Muzaffarpur in connection with Sadar P.S. Case No.447 of 2014 subject to the conditions as laid down under section 438(2) Cr.P.C. (Ashwani Kumar Singh, J) Md.S./- U T