Swarn Pratap Singh @ Babu Saheb v. The State of Bihar
CR. MISC./74499/2024 · 2025-07-28
Smt Soni Shrivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76480 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76480 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74499 of 2024 Arising Out of PS. Case No.-320 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Swarn Pratap Singh @ Babu Saheb S/o Late Ravindra Singh R/o Village- Ojhaul, PS- Bahadurpur, Distt- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ratnakar Jha, Advocate For the State : Mr. Ajay Kumar Jha, APP For the O.P. No. 2 : Ms. Smriti Singh, Advocate Mr. Samir Kumar, Advocate Ms. Sippy Sinha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 6 28-07-2025 Heard learned counsel for the petitioner, learned counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with G.R. No. 2126 of 2024 arising out of Laheriasarai P.S. Case No. 320 of 2024, F.I.R. dated 17.06.2024 for the offences punishable under Sections 406, 420, 504 and 506 of the Indian Penal Code. 3. The allegation in the First Information Report that an agreement has been reached between the parties for sale and purchase of 20 kathas of land out of which registry was done for 5 kathas of land and the money in lieu of the same was also paid to the petitioner. However, it is alleged that with regard to remaining 15 kathas of land neither the registry was done nor some amount which had been paid to the petitioner was returned. 4. Learned counsel for the petitioner submits, at the outset, that the petitioner had registered 5 kathas of land out of 20
Patna High Court CR. MISC. No.74499 of 2024(6) dt.28-07-2025 2/2 kathas of land for which money had been paid to him. There is no chit of paper to substantiate the claim of the informant that more amount had been paid to the petitioner and is out and out a civil dispute. 5. Learned counsel appearing for Opposite Party No. 2 opposed the prayer for anticipatory bail. 6.
Considering the aforesaid facts and circumstances and also considering that the matter relates to a civil dispute and at best making out a case of not honouring the agreement, let 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 of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with G.R. No. 2126 of 2024 arising out of Laheriasarai P.S. Case No. 320 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S., 2023. Jyoti Kumari/- (Soni Shrivastava, J.) U T