Raza Ram Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56595 of 2018 Arising Out of PS. Case No.-962 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Raza Ram Prasad, Son of Late Sita Ram Mahto, Resident of Mohalla- Near Pitambhara Mandir Colony, Beside Bal Vidya School, P.S.- Alamganj, P.O.- Guljarbagh, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjeet Kuamr Sinha, age 40 years, Son of Rudra Dev Prasad, Resident of Challital, P.O. Gulzarbagh, P.S.- Alamganj, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranaya Shanker Sinha For the Opposite Party/s :

Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Complaint Case No. 962 of 2016 registered for the offence punishable under Sections 406, 420, 323, 504/34 of the Indian Penal Code. Allegation against the petitioner is of taking consideration money of Rs. 4,50,000/- for selling a piece of land to the Informant-Opposite Party No. 2, but after taking the aforesaid consideration money, not executing the sale deed in favour of Informant-Opposite Party No. 2.

Patna High Court Cr.Misc. No.56595 of 2018(4) dt.26-10-2018 2/3 It has been submitted on behalf of the petitioner that he admits that he had taken Rs. 4,50,000/- from the Complainant (Informant) and is ready to refund the same. It has been further submitted on behalf of the petitioner that no criminal offence is made out rather the dispute is purely a civil dispute. Petitioner has got no criminal antecedent and is in custody since 29.05.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on provisional bail for a period of five months upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJMIIIrd, Patna City in connection with Complaint Case No. 962 of 2016, with following conditions:-

(1) Petitioner shall pay Rs.

90,000/- per month to the Informant-O.P. No.

2 for a period of five months and after payment of last installment of Rs. 90,000/- the provisional bail of the petitioner shall be confirmed and if the petitioner fails to pay the total amount of Rs. 4,50,000/- in five months, his provisional bail shall stand cancelled.

Patna High Court Cr.Misc. No.56595 of 2018(4) dt.26-10-2018 3/3

(2) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(3) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(4) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U