Bikram Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38689 of 2018 Arising Out of PS. Case No.-128 Year-2017 Thana- RUPASPUR District- Patna ====================================================== Bikram Choudhary Son of Rohan Choudhary Resident of Mohalla - Saubhagya Sharma Path, P.S. - Rupaspur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Rupaspur P.S. Case No. 128 of 2017 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.

Informant in his written complaint has stated that the petitioner took Rs. 24,50,000/- from him for execution of sale deed of a land in his favour but neither the land was registered in his favour nor the money was returned. Petitioner cheated him and misappropriated the amount.

It has been submitted by learned counsel for the petitioner that he is innocent and has been falsely implicated in

Patna High Court Cr.Misc. No.38689 of 2018(3) dt.24-08-2018 2/2 this case. It has been further submitted that the informant had taken Rs. 30 lacs from the petitioner on different dates to execute a sale deed of five kathas of land in his favour which will be evident from the agreement for execution of sale deed with respect to aforesaid land and the informant only to avoid the payment of Rs. 30,00,000/- to the petitioner, has filed the present case. It has been further submitted that dispute is of civil nature and no criminal offence is made out. petitioner has no criminal antecedent and he is in custody since 24.04.2018. Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-II, Danapur, in connection Rupaspur P.S. Case No. 128 of 2017.

(S. Kumar, J) veena/- U T