Ravindranath Thakur @ Ravindra Nath Thakur @ Rabindra Nath Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52944 of 2024 Arising Out of PS. Case No.-510 Year-2023 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Ravindranath Thakur @ Ravindra Nath Thakur @ Rabindra Nath Thakur Son of Late Jaudi Thakur @ Jadu Thakur Resident of Vill- Rifatpur Basa, P.S.- Ishupur Barahat, District- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Nawal Kishor Malakar Son of Late Mahadip Malakar Resident of VillShemari Bazar, P.S.- Pirpainti, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, A.P.P.
Mr. Subodh Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 120B, 420, 323, 504 of the Indian Penal Code.
3. It is alleged that all the accused persons, in criminal conspiracy, took Rs. 5 lacs from the complainant on pretext of selling a property and after receiving the money, neither did they execute the sale deed in favour of complainant nor return the alleged amount.
4. Learned counsel for the petitioner submits that from bare perusal of the complaint petition, it is apparent that
Patna High Court CR. MISC. No.52944 of 2024(3) dt.07-10-2024 2/2 for cause of action which arose in the year 2012, present complaint has been filed in the year 2023 i.e. after inordinate delay of over 11 years which itself creates doubt over veracity of the prosecution case. Moreover, dispute involved in this case is with regard to sale and purchase of land which is purely of civil nature. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the complainant vehemently opposed the bail application.
6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Bhagalpur in connection with Complaint Case No. 510 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T