Abdur Razique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64893 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Abdur Razique, son of Md. Khalil Ahmad @ Md. Abrar Alam @ Mohammad Abrar Alam, resident of village- Daharpur, P.S.- Goradih, Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nihar Nandan Ambasta For the Opposite Party/s :
Mr.Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No. 14 of 2018 registered under Sections 406, 419 and 420 of the Indian Penal Code. The accusation is that petitioner and one Vijay Kumar Rai executed the deed of agreement to sale the land in respect to Plot Nos. 97, 98, 94 and 31 on payment of consideration amount of Rs.1,22,36,100/- and they took Rs.38,81,000/- as advance but in spite of much persuasion, petitioner and Vijay Kumar Rai did not take any heed to execute the sale deed in favour of informant.
Learned counsel for the petitioner submits that it
Patna High Court CR. MISC. No.64893 of 2018(3) dt.19-06-2019 2/2 would appear from the F.I.R. that an agreement was made in between informant and petitioner and one Vijay Kumar Rai, in which, the time was mentioned to execute the sale deed till 02.02.2018 but informant lodged the present case on 12.01.2018 prior to that period. Moreover, the dispute, as detailed in the F.I.R., is of civil in nature.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with Jagdishpur P.S. Case No. 14 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T