Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73984 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SANTOSH KUMAR Son of Sri Jamun Prasad Resident of Village - Prasdih, P.S.- Nagarnausa, District - Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Daya Shankar Son of Gauri Shankar Prasad Mehta Resident of Mohalla - Bagbhup Singh Lane, P.O.- Guljarbagh, P.S.- Alamganj, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Complaint Case No. 471 of 2018 registered for the offence punishable under Sections 420, 406, 323, 379 and 506 of the Indian Penal Code.
The allegation is regarding an agreement having been entered by the complainant of this case with the petitioner herein and it is alleged that the petitioner had taken some money as sale consideration, however, no sale deed was executed by him.
The learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.73984 of 2019(2) dt.27-11-2019 2/2 petitioner denies the very signature alleged to have been made by him on the agreement for sale and if at all, any case is made out, the present dispute is of civil nature and the remedy of the complainant lies before the competent court of having original civil jurisdiction.
The learned counsel appearing for the informant has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-V-cum-Additional Chief Judicial MagistrateV, Patna City, Patna in connection with Complaint Case No. 471 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) ajay gupta/- U T