Girdhari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74836 of 2019 Arising Out of PS. Case No.-1706 Year-2015 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Girdhari Mandal Son of Late Sakhichan @ Sachhidanand Mandal Resident of Joharchak Singhnan, P.S.- Jagdishpur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Amjad Ali Son of Md. Chand Kausar Resident of Badare Aalampur, Karori Bazar, P.S.- Habibpur, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks in connection with Complaint Case No. 1706 of 2015 registered for the offence punishable under Sections 120(B), 341, 323, 307, 420, 406, 504, 506/34 of the Indian Penal Code, Sections 25(1-B)a and 27(2) of Arms Act. Petitioner and two other named accused persons are said to have taken Rs. 50,000/- as advanced, and subsequently, Rs. 5,81,000/- and entered into agreement to sale out the land to the complainant but, they did not execute the land, and on giving legal notice and demanding back his money, the petitioner along with other accused persons extended

Patna High Court CR. MISC. No.74836 of 2019(2) dt.11-12-2019 2/3 threatening of dire consequence and thrashing the complainant made him to leave the house.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. It is a case of civil nature. Petitioner has already given Rs. 50,000/- to the complainant and is ready to give Rs. 5,81,000/- in six equal monthly installments. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent and has been languishing in custody since 17.12.2018, hence, he may be enlarged on bail. Having regard to the facts and circumstances of the case, let the above named petitioner be released on provisional 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.-XIII, Bhagalpur in connection with Complaint Case No. 1706 of 2015 with condition that:

(I) The petitioner shall make payment of Rs. 5,81,000/- to the complainant in six equal installments of one month each.

The first installment will commence from 1st of January,

Patna High Court CR. MISC. No.74836 of 2019(2) dt.11-12-2019 3/3 2020 and in case of failure of the payment of money in the aforesaid terms and condition, the learned court below shall be at liberty to cancel the bail bond of the petitioner. However, learned court below shall confirm the provisional bail of the petitioner on payment of entire money to the complainant.

Accordingly, this application is disposed of. (Prakash Chandra Jaiswal, J) rohit/- U T