Manoj Kumar Paswan @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9896 of 2021 Arising Out of PS. Case No.-620 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== MANOJ KUMAR PASWAN @ MANOJ KUMAR Son of Mohan Paswan Resident of Village- Kargahiya Jamadar Tola Ward No.01, Police StationBettiah Town (Kalibagh O.P.), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Deovind Kumar Singh Ms.Anuradha Kumari Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Kalibagh O.P. (Bettiah Town), P.S. Case No. 620 of 2019 registered for offence punishable under sections 420, 467, 468 and 406 of the Indian Penal Code.

As per allegation, the petitioner became ready to sell his land to the informant for consideration money of Rs.10,000,00/- (Ten lakhs). On 03.12.2018, the petitioner

Patna High Court CR. MISC. No.9896 of 2021(7) dt.18-07-2022 2/3 received Rs.8,00,000/- (Eight lakhs). The parties for the execution of the deed came to the Registry office, but allegedly the petitioner, on the pretext of some or other, went therefrom without executing the deed.

The learned counsel for the petitioner has submitted that the allegation is not true and there is no explanation of delay as to why the FIR was lodged after nine months from the date of occurrence. He has submitted further that the petitioner has lodged a case against the informant on 22.08.2019 in Bettiah SC/ST Police Station, which has been registered as FIR No. 21/2019. The fardbeyan of FIR No.21/2019 is annexed with the record. There is allegation that the informant of this case provided intoxicated tea to the petitioner and when the petitioner was in the state of intoxication, the informant was making pressure to put his signature on the papers without payment of consideration amount.

There is no explanation as to why the case was lodged after nine months from the date of occurrence. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with

Patna High Court CR. MISC. No.9896 of 2021(7) dt.18-07-2022 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Kalibagh O.P. (Bettiah Town), P.S. Case No.620 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

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

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