Navin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55342 of 2022 Arising Out of PS. Case No.-424 Year-2021 Thana- DHANARUA District- Patna ====================================================== Navin Singh S/O Late Surajdeo Singh R/V- Piplawan, P.S.- Dhanarua, DisttPatna. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Mishra For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.
The allegation against the petitioner and other co-accused persons is that despite receiving the consideration money, sale deed has not been executed in the favor of informant.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.55342 of 2022(2) dt.16-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that there is a case of breach of contract for which Title Suit No. 102 of 2022 has been already filed on 17.2.2022 and from the comparative study of the F.I.R. and the Plaint Suit, it appears that for the same cause of action the present case has also been filed. It is further submitted that this came comes within the purview of civil in nature. Moreover, the petitioner is languishing in judicial custody since 25.7.2022. Similarly situated co-accused persons have been granted bail vide order dated 28.11.2022, passed in Cr. Misc. No. 46206 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.55342 of 2022(2) dt.16-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Dhanarua P.S. Case No. 424 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Masaurhi. (Sunil Kumar Panwar, J) nirajkrs/- U T