Balram Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65811 of 2022 Arising Out of PS. Case No.-689 Year-2012 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== BALRAM KUMAR YADAV S/O Late Ramprit Singh Yadav R/O Yadav Lane, Musallahpur, P.S- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar Jha For the Opposite Party/s :

Mr. Rajiv Nayan Mr. Kumar Manglam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code.

The prosecution case is that, the complainant alongwith his brother agreed to purchase double storied building of the accused-petitioner fixed at the rate of Rs.31 lacs and accordingly a deed of agreement for sale was prepared and signed and further the complainant alongwith his brother paid Rs.3 lacs to the petitioner. The terms and conditions in the agreement was that the petitioner would evict all the tenants from the said house/building within 15 days. It is alleged that the informant and his brother paid total Rs.6,55,000/- to the

Patna High Court CR. MISC. No.65811 of 2022(3) dt.02-05-2023 2/2 petitioner, and the petitioner failed to vacate the house from the tenants and took time but till date he has not succeeded in vacating the house nor he returned the amount of the complainant.

Learned counsel for the petitioner produced a bank draft of Rs.6,50,000/- in the name of Manoj Kumar Singh i.e. the complainant and has handed over the said cheque to the learned counsel for the complainant/O.P. No.2 in the Court. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.689(C) of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T