Suraj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59810 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- SHAHKUND District- Bhagalpur ====================================================== Suraj Sah S/o- Late Sundar Sah R/vill- Bariyarpur, P.S.- Sahkund, DisttBhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mukesh Sah S/o- Nandu Sah Village- Bariyarpur Ps- Shahkund DistBhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Prasad, Advocate For the Opposite Party/s :
Mr. Shaheen Begum,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, it is alleged that pursuant to the agreement to sell, informant paid Rs. 7,50,000/- as advance consideration money but, thereafter, this petitioner refused to execute the sale deed.
4. Learned counsel for the petitioner submits that the dispute is out and out a civil in nature and it relates to sale and purchase of land which is primarily civil and for the same Title
Patna High Court CR. MISC. No.59810 of 2025(2) dt.04-09-2025 2/2 Suit No. 172 of 2022 is also pending before the learned Munsif 2nd Bhagalpur. Learned counsel for the petitioner submits that two cases have been registered against the appellant in which the petitioner is on bail.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of dispute, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-II, Bhagalpur in connection with Shahkund P. S. Case No. 79 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) aditya/- U T