Patna High CourtCR. MISC./29183/2018bail granted

Pappu Kumar v. State Of Bihar And ANR

2018-05-10Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29183 of 2018 Arising Out of PS.Case No. -1121 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Pappu Kumar S/o Ram Pravesh Singh, R/o Vill.- Sabarchak, P.S.- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sahdev Singh S/o Late Dwarika Singh, R/o Mohalla- B.M.P. Road, Khajpura, Bihar Vetnary College, P.S.- Hawai Adda, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Pandey For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case No.1121 (C) of 2015 registered for the offence under Section 420 of I.P.C.

Accusation is that the complainant,Sahdeo Singh had entered into an agreement with the petitioner to purchase the land of different plots admeasuring 94.62 decimals of the petitioner and at that time the complainant O.P.no.2 had given Rs.4,00,000/- by way of an earnest money to the petitioner and the rest amount a sum of Rs.62,00,000/- was to be paid at the time of execution of

Patna High Court Cr.Misc. No.29183 of 2018 (2) dt.10-05-2018 2/2 sale deed. But despite the aforesaid agreement the petitioner did not execute the sale deed nor he returned earnest money to the complainant because the petitioner has no right, title and possession over the said land.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is ready to return earnest money to the complainant or to execute the sale deed after making payment of full consideration amount by the complainant/O.P.No.2. Having considered the facts and the circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Ranjeet Prasad, J.M., Danapur, in Complaint Case No.1121 (C) of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U