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2025 DAILYLAW 21183 (PAT)

Manish Kumar @ Manish Kumar Singh v. The State of Bihar

CR. MISC./15476/2025 · 2025-08-11

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15476 of 2025 Arising Out of PS. Case No.-283 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Manish Kumar @ Manish Kumar Singh Son of Girindra Prasad Singh Resident of Village - Talkhapur, P.S. - Dumra, District - Sitamarhi ... ... Petitioner Versus 1. The State of Bihar Bihar 2. Dr. Shiv Shankar Mahto, son of late vikari mahto ,R/v Shankar chowk, ps- dumra, dist-samastipur,pin code- 843301 ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Subodh Kumar, Advocate For the Opposite Party/s : Mr.Dr. Ajeet Kumar, A.P.P. Mr. Dwij Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 11-08-2025 Heard learned counsel for the petitioner, the State and opposite party no.2. 2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420, 120B and 387 of the Indian Penal Code. 3. As per the prosecution case, petitioner took advance consideration money of Rs. 11 lacs from the informant, but he did not execute sale deed in his favour nor did he return his money. 4. It is submitted on behalf of the petitioner that from bare perusal of the FIR it is clear that the dispute is purely of civil nature and no criminal offence is attracted against the petitioner. However, supplementary affidavit has been filed stating that the petitioner, without admitting his guilt and without prejudice to his right and contention, is ready to deposit Rs. 3 lacs in two equal instalments in the Nazarat of the concerned Civil Court, subject to outcome of the case. 5. Considering the aforesaid facts of the case, prayer Patna High Court CR. MISC. No.15476 of 2025(5) dt.11-08-2025 2/2 for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, 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 the Chief Judicial Magistrate, Sitamarhi in Dumra Police Station Case No. 283 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on following conditions:- (i) At the time of furnishing bail bond, Rs. 1.5 lacs shall be deposited by the petitioner in the Nazarat of the Court below. (ii) Rest amount of Rs. 1.5 lacs shall be deposited by the petitioner within a month thereof. (iii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner. 6. It is made clear that without going into the merit of the case, aforesaid order has been passed only for the purpose of grant of bail and this deposit would be subject to the final result of the criminal case. Shashi (Prabhat Kumar Singh, J) U T