Binod Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45776 of 2022 Arising Out of PS. Case No.-118 Year-2020 Thana- LAHERIYASARAI District- Darbhanga ====================================================== BINOD KUMAR MANDAL Son of Late Vishwanath Mandal Resident of Mohalla- Benta Chauk, P.O- DMCH, P.S- Laheriasarai, Dist- Darbhanga ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar Jha For the Opposite Party/s :

Mr.Ajay Kumar No. 2 :

Mr. Md. Shahnawaz Ali :

Mr. Vikash Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant. Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420 and 506/34 of the Indian Penal Code pending in the learned court below.

As per the F.I.R., petitioner has sold the same land to several purchasers. The informant is one of the purchasers and the petitioner did not execute the sale deed in favour of him. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that only Rupees Five Lakhs were paid by the informant. The petitioner is ready to execute the sale

Patna High Court CR. MISC. No.45776 of 2022(3) dt.27-02-2023 2/2 deed in favour of the informant after receiving the rest of the amount. He submits that a complaint case bearing no. CR1014/2019 was filed by one of the partner Jitendra Kumar and said case was dismissed by the learned Court below thereafter the present case is filed by the witness of the complaint case. He further submits that there is a civil dispute between the parties. He further submits that petitioner has got two criminal antecedents as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Laheriasarai P.S. Case No.118/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T