Rudal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56369 of 2023 Arising Out of PS. Case No.-1522 Year-2010 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Rudal Singh S/O Late Deena Nath Singh R/O Mohalla- Middle Telpa, Ps. Chapra Town, Dist. Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

The prosecution case as per complaint petition is that the complainant gave his tractor on rent of Rs. 300/- per day to the petitioner and petitioner had paid Rs. 9000/- as advance to the complainant. Thereafter, the complainant purchased a new tractor and also handed over to the petitioner on a rent of Rs. 400/- per

Patna High Court CR. MISC. No.56369 of 2023(4) dt.09-01-2024 2/3 day for which the petitioner had paid Rs. 16,000/- as advance to the complainant. After completion of one year, the complainant went to the petitioner and demanded his rent amount which was fixed. The petitioner neither paid any money nor returned the tractors and subsequently sold the tractors of the complainant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner has been roped in the present case in the background of some wage disputes between the parties. There is no documentary proof with regard to any agreement between the complainant and the petitioner. Moreover, it is a case of civil nature of dispute, for which, the petitioner has been roped in a criminal proceeding. The petitioner is languishing in custody since 21.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.56369 of 2023(4) dt.09-01-2024 3/3 In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 1522 of 2010, arising out of Trial No. 3462 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T