Patna High Court - Orders
Bishwa Mohan Singh @ Tuntun Singh vs The State Of Bihar on 6 February, 2018
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3551 of 2018
Arising Out of P.S.Case No. -49 Year- 2017 Thana -NIYAM CHANDPUR District- BEGUSARAI
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Bishwa Mohan Singh @ Tuntun Singh, son of Birendra Singh @ Biro
Singh, R/o Village- Chandpura, P.S.- Neema Chandpura, District-
Begusarai.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Chandan Kumar Kashyap, Advocate
For the Opposite Party : Smt Renu Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL ORDER
2 06-02-2018Heard.
The petitioner apprehends arrest in connection with Nimachandpur P.S.Case No.49 of 2017 registered for an offence under Section 420 and 406/34 of the IPC.
The allegation against this petitioner is that he along with Ashutosh Kumar Singh came at the place of the informant and introduced him to Ashutosh Kumar Singh. The said Ashutosh Kumar Singh took an amount of Rs.5,50,000/- and executed a mortgage bond giving right to cultivate the land measuring 5 ½ bighas by mentioning wrong survey plot number which was not in existence. The petitioner and said Ashutosh Kumar Singh have thus cheated the informant and committed breach of trust.
It has been submitted that the petitioner did not Patna High Court Cr.M isc. No.3551 of 2018 (2) dt.06-02-2018 2/3 introduce Ashutosh Kumar Sing. The said Ashutosh Kumar Singh had entered into an agreement for selling the land measuring 9 ½ bighas of land for a consideration of Rs. One crore and fourteen laks and executed a deed of agreement dated 29.07.2015. The said Ashutosh Kumar Singh subsequently executed sale deed only for an area measuring six bighas for a consideration of Rs.16 lakhs. The wife of the informant has filed a Title Suit No.53 of 2016 in the Court of Sub Judge-Ist, Begusarai for specific performance of contract with respect to remaining land. This petitioner had or has no concern with the transaction between the informant or his wife. The real dispute is between Ashutosh Kumar Singh and informant which is purely a civil dispute.
The learned APP as well as the informant opposed the submissions. It has been submitted that the petitioner in collusion with co-accused Ashutosh Kumar Singh duped the informant and committed breach of trust by retaining an amount of Rs.5,50,000/- which was given to Ashutosh Kumar Singh as mortgage money.
Considering the omnibus allegation against the petitioner and also the civil nature of dispute, the prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing Patna High Court Cr.M isc. No.3551 of 2018 (2) dt.06-02-2018 3/3 bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-VI, Begusarai in connection with Nimachandpur P.S.Case No.49 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjay Kumar, J) B.Kr./-
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