Nityanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62705 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- KAKO District- Jehanabad ====================================================== Nityanand Prasad S/o Yugal Kishor R/v- Amathua, P.S.- Kako, DistrictJehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner, learned A.P.P. for the State and counsel for the informant. The petitioner seeks regular bail in connection with Kako P.S. Case No. 152 of 2022 lodged under Sections 406, 420 of the I.P.C.

As per the prosecution case, the informant has handed over Rs.90,000/- to the accused for selling of particular piece of land. Receiving has alleged to be made on stamp paper, but land has not been registered. It is due to this reason, the present case has been filed by the informant.

Learned counsel for the petitioner submits that the present dispute in crux is that the land has not been registered even after receiving the money. Counsel for petitioner submits that from the date of F.I.R., it transpires that the present dispute

Patna High Court CR. MISC. No.62705 of 2022(2) dt.25-02-2023 2/2 is absolutely civil in nature and the remedy is available under the Specific Relief Act but instead of taking the said relief, the present criminal case has been filed.

Counsel further submits that antecedent of the petitioner is clean and he is in custody since 18.08.2022. Learned counsel for informant Mr. Nitish Kumar, vehemently opposes the prayer for bail and submits that the document has been created by which money has been received and land has not been executed.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-4, Jehanabad in connection with Kako P.S. Case No. 152 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T