Jagat Chandra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59128 of 2023 Arising Out of PS. Case No.-982 Year-2018 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== JAGAT CHANDRA DAS son of Nirdhan Chandra Das R/o- Vihar Maranga Ps- K.Hat Dist- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Kumar Ghosh son of Moti lal Ghosh R/o- Satsangh Vihar Maranga PsK.hat Dist- purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 420 of the Indian Penal Code.

3. The allegation against the petitioner is of cheating the complainant in spite of receiving money, he did not execute the sale deed to the complainant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the learned Court below has not applied his judicial mind and not consider the

Patna High Court CR. MISC. No.59128 of 2023(2) dt.04-09-2023 2/2 facts that the case is clear cut case of transaction of money and it will be decide in money suit Section 420 of the IPC at least not applicable in this case as such the petitioner has not committed any wrongful Act and not submitted forged documents in this case. He further submitted that this case is civil in nature and learned Magistrate has not consider the case of the petitioner and took cognizance into the matter. He is languishing in judicial custody since 30.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Purnia Complaint Case P.S. Case No. 982 of 2018. (Sunil Kumar Panwar, J) arish/- U