Sambhu Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79648 of 2023 Arising Out of PS. Case No.-115 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sambhu Nath Singh, S/O Late Satya Narayan Singh Village- Akouna, Ps. Punpun, Dist. Patna, At Present Village- Sahnaura, Ps. Ntpc Barh, Dist. Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Ranjan Miss Kusum Rani For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 420 and 120(B) of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the complainant, who is his nephew as father of the complainant is own brother of the petitioner. It is next submitted that a purely civil dispute has been given a criminal colour. It is next submitted that from perusal of the allegation as alleged in the Complaint, it would manifest that the complainant alleges that petitioner took Rs.5,35,000/- from the father of the complainant for registering a piece of land, but only registered 0.9366 decimal (408 square feet) for Rs.1,25,000/- and

Patna High Court CR. MISC. No.79648 of 2023(3) dt.27-03-2024 2/2 is not ready to register the land with respect to the left over amount of Rs.4,10,000/-.

4. The learned counsel for the petitioner submitted that if the complainant is aggrieved by the act of the petitioner in not registering the land, in that event, he has appropriate remedy before a Court of competent civil jurisdiction.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Complaint Case No.115(C) of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T