Nand Lal Sah v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.4986 of 2016 (2) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4986 of 2016 Arising Out of PS.Case No. -735 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Nand Lal Sah Son of Late Chhote Lal Sah, Resident of Chaidha Banni, Police Station - Gogri (Mahesh Khunt), District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shivnandan Kumar, Son of Late Ramabatar Prasad, Resident of Village - Rasauk, P.S. - Morkahi, District - Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Binod Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The accusation against petitioner is that he took huge amount from the informant for execution of sale deed in respect of a piece of land but subsequently, refused to execute sale deed and also refused to return the amount.

Contention on behalf of the petitioner is that even if, prosecution story assumed to be true, then also, a civil liability is made out and the informant may knock the door of a civil court. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection

Patna High Court Cr.Misc. No.4986 of 2016 (2) dt.11-02-2016 with Khagaria (Chitragupta Nagar) P.S. Case No. 735 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Khagaria. (Hemant Kumar Srivastava, J) A.K.V./- U T