Naveen Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39327 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- SIKTA District- West Champaran ====================================================== NAVEEN KUMAR JHA Son of Late Gulab Dutt Jha Resident of Village - Behri Bankat, Police Station- Sikta, District - West champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned counsel for the informant.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 420, 406, 504 and 506 of the Indian Penal Code registered in connection with Sikta P.S.Case No. 12 of 2022.

As per allegation, there was an agreement to sale between the informant and the petitioner. The petitioner, as per the terms and conditions of the agreement had to execute the sale deed in respect of his land in favour of the informant and

Patna High Court CR. MISC. No.39327 of 2022(2) dt.03-11-2022 2/3 the consideration money of Rs. 9,51,000/- was paid to the petitioner, but he neither executed the sale deed nor returned the money even after persistent demand by the informant. The learned counsel for the petitioner has submitted that the petitioner has been made accused due to election rivalry. It is a case of pure civil nature and the petitioner is in custody since 01.05.2022.

On the other hand, learned counsel for the informant has submitted that though the agreement to sale is unregistered, but the petitioner did not return his money despite persistent demand.

It appears to be a case of civil nature and the ultimate remedy lies in the civil court. The informant may take recourse of civil court of competent jurisdiction for the relief. In view of aforesaid, let the petitioner, above-named, 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 Miss Somya Suman, the learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Sikta P.S.Case No. 12 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in

Patna High Court CR. MISC. No.39327 of 2022(2) dt.03-11-2022 3/3 the disposal of trial and make available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T