Abhay Kumar Dubey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12426 of 2017 Arising Out of PS.Case No. -3111 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Abhay Kumar Dubey Son of Late Ganesh Dubey , Resident of Hajiyapur, Ward No. - 26, P.S.- Gopalganj, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar,
2. Nikhil Singh Son of Baccha Singh, Resident of Chhavahi of Chhavahi Khas, P.O.- Gopalganj, P.S.- Manjhagarh, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanat Kumar Mishra For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 The petitioner is apprehending his arrest in connection with Complaint Case No. 3111 of 2012, registered for offences punishable under Sections 341, 323, 324, 325 and 307/34 of the Indian Penal Code and 27 of the Arms Act.
It has been submitted on behalf of the petitioner that petitioner has nothing to do with the allegation made by the complainant as complainant had entered into agreement with accused no. 1 and 2 for purchase of piece of a land for a total consideration of Rs. 33,00,000/- Rs. Thirty Three Lakhs) out of which an amount of Rs. 50,000 (Rs. Fifty Thousand) was paid by the complainant at the time of agreement and the rest amount of Rs. 32,50,000 (Rs. Thirty Two Lakhs Fifty Thousand) was paid on 29.10.2012 but due to late hours, registry could not be done and thereafter the complainant came to know that the said land was registered in the name of petitioner (accused no. 3) and when the
Patna High Court Cr.Misc. No.12426 of 2017 (2) dt.24-03-2017 2/2 complainant went to enquire about the said fact from petitioner, he became angry and threatened him. It has further been submitted that it is apparent even from bare perusal of the complaint petition, that petitioner has nothing to do with the alleged offence as he is only the purchase of the land. It has further been submitted that the present case is out and out a civil dispute for which a suit is already pending in the Court below Heard learned A.P.P. and learned counsel for the informant, they have opposed the prayer for bail.
Having heard both sides, in view of the fact that petitioner only happens to be purchaser in this case and no specific allegation has been made against him and also a civil suit is pending in the court below, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Vivek Kumar Singh, learned Judicial Magistrate -1st Class, Gopalganj in connection with Complaint Case No. 3111 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Vinod Kumar Sinha, J) sunil/- U