Kameshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62284 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- CHANDI District- Nalanda ====================================================== KAMESHWAR PRASAD S/O LATE MAHAVIR PRASAD Resident of Village- Juri, P.S.- Chandi, District- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 406, 420 and 120(B) of the Indian Penal Code.

The allegation against the petitioner along with other accused persons is that they conspired and committed cheating with the informant and took Rs. 34,80,000/- from the informant, for executing the sale deed Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per F.I.R., the informant stated that the consideration amount is Rs. 8,000,00/- but he paid Rs. 34,800,00/- which falsify the entire prosecution story. It is a pure civil dispute. Moreover, the Title Suit No. 72 of 2020

Patna High Court CR. MISC. No.62284 of 2022(3) dt.15-05-2023 2/2 is pending in between parties for the land in question. It is further submitted that the petitioner is an old man, aged out 78 years and he has got no criminal antecedent. The petitioner is languishing in judicial custody since 19.07.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandi P.S. Case No. 38 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa.

(Sunil Kumar Panwar, J) nirajkrs/- U T