Jai Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47450 of 2015 Arising Out of PS.Case No. -97 Year- 2015 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Jai Prakash Kumar, Son of Vijay Kumar Yadav, Resident of VillageSarbahada, Police Station- Khizarsarai, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Satyendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-01-2016 Heard Sri Anil Kumar Roy, learned counsel for the petitioner, Sri Satyendra Prasad, learned A.P.P. as well as Sri Atul Kumar Pandey, learned counsel who has voluntarily appeared on behalf of the informant.
The petitioner apprehends his arrest in connection with Rajgir P.S. Case No. 97 of 2015, registered for the offence under Section 406, 120(B ) of the Indian Penal Code has prayed for grant of anticipatory bail.
It was submitted by learned counsel for the petitioner that in a dispute of civil nature colour of criminal offence has been given. He submits that agreement was entered in between the parties regarding registration of the land for which about 43 lakhs was paid by the informant. However, after taking money it has
Patna High Court Cr.Misc. No.47450 of 2015 (3) dt.29-01-2016 2/2 been alleged that petitioner is not taking any step for executing the sale deed.
Sri Pandey, learned counsel for the informant has vehemently opposed the prayer of the petitioner and submits that on the basis of F.I.R. itself it appears that intention of the petitioner was to grab money of the informant. Be that as it may, on perusal of the F.I.R. it appears that a dispute of civil nature has been given colour of criminal offence.
In view of the facts and circumstances the court considers the present case as a fit case for extending the privilege of anticipatory bail.
Accordingly in the event of arrest or surrender within a period of six weeks from today let the petitioner Jai Prakash Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/-(rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Rajgir P.S. Case No. 97 of 2015 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) Praful/- U T