Kamakhya Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73459 of 2019 Arising Out of PS. Case No.-1006 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== KAMAKHYA NARAYAN SINGH Son of Late Binda Prasad Singh Resident of Village - Hemanpur, Mohiuddinagar, P.S.- Mohiuddinnagar, Distt - Samastipur.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Ajit Kumar Son of Sri Madan Mohan Prasad Resident of Village - Gonawan, P.S.- Harnaut, Distt - Nalanda. Presently residing at Mohalla - Lohaniur, P.S.- Kadamkuan, Distt - Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.1006 © of 2018 registered for offences punishable under Sections 504 and 420 of the Indian Penal Code.
Allegation against the petitioner is that he sold the land to the complainant which he has already sold to one Upendra Prasad Singh.
Submission of the learned counsel for the petitioner is that he has sold different land to Upendra Prasad Singh and the allegation is false and concocted that has been levelled after
Patna High Court CR. MISC. No.73459 of 2019(2) dt.21-11-2019 2/2 three years of the execution of the sale-deed. Heard learned A.P.P. , who has opposed the prayer for bail on the ground that petitioner knowingly sold the land to the complainant which has already been sold to another person by him.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner prays for regular bail and he is ready to give possession of the land to the complainant, the learned court below shall consider the aforesaid aspect of the matter. With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T