Janardan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82370 of 2024 Arising Out of PS. Case No.-356 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Janardan Singh Son of Late Kesho Singh Resident of village and P.OTilayee, P.S. Sanjhauli, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravi Shankar Pandey Son of Sharda Nand Pandey Resident of villageJigani, P.O. Tilayee, P.S.- Sanjhauli, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Ojaswee Kumari, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP Mr. Arun Kumar Arun, Adv.

Mr. Anil Kumar, Adv.both for O.P.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 406 and 420 of the Indian Penal Code.

3. As per complaint case, in the year 2016, the petitioner came to the house of complainant/opposite party no. 2 and asked to give him Rs. 1,70,000/-, as a loan, and in lieu thereof, the petitioner handed over his one acre 25 decimal land for three years for cultivation and promised to return the aforesaid amount within three years, but after expiry of three

Patna High Court CR. MISC. No.82370 of 2024(3) dt.27-01-2025 2/3 years, when opposite party no. 2 demanded his money, the petitioner refused to return the same and also abused him.

4. Learned counsel for the petitioner submits that for the same transaction, the complainant has already filed a title suit, vide Title Suit No. 213 of 2019 before the Sub Judge-I, Bikramganj (Rohtas) on 08.07.2019 seeking relief for direction to the petitioner to execute the sale-deed or to return the alleged amount of Rs. 1,70,000/- (Annexure - 4) and the present case has been filed only with a view to put pressure on the petitioner to execute the sale-deed. The dispute is primarily of a civil nature.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of opposite party no. 2 opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail 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. 3rd, Bikramganj (Rohtas) in connection with Complaint Case No. 356 of 2019, subject to condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.82370 of 2024(3) dt.27-01-2025 3/3 Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T