Bimal Azad @ Vimal Azad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.47782 of 2015 (3) dt.05-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47782 of 2015 Arising Out of PS.Case No. -184 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Bimal Azad @ Vimal Azad son of Late Keshari Prasd Singh, Resident of Flat no.170 and 172 of Defence Colony, Ashok Nagar, P.O.- Lohiya Nagar, Police Station- Kankarbagh, Patna-20, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Indra Narayan Kuwar @ Kumar son of Late Rajendra Kumar, Azanta Enterprises East Ashok Nagar, P.O.- Lohiya Nagar, Police StatonKankarbagh, Patna-20, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 184 C of 2015 registered for the offences punishable under Section 420 of the Indian Penal Code. Learned counsel for the petitioner submits that altogether false and frivolous allegation has been made against the petitioner regarding sale and purchase of land. It is further submitted that if, at all, any such agreement was executed; it is a case of civil dispute which ought to have been resolved in an appropriate forum.

Patna High Court Cr.Misc. No.47782 of 2015 (3) dt.05-01-2016 Learned counsel for the Opposite party No. 2 submits that some money had exchanged hands in the year 2001 itself which is apparent from Annexure-A but a plain reading of Annexure- A as well as the complaint reveals two different stories regarding the same transaction.

Considering the nature of allegation which are fully frivolous and indistinct and also the fact that the complainant has been sitting tight over the matter for a well over a decade, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Patna in connection with Complaint Case No. 184C of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T