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Birendra Mishra @ Birendra Kumar Mishra v. the State of Bihar

Patna HC21 Aug 2019CR. MISC./26882/2019

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to a petitioner accused of cheating and criminal breach of trust in a land sale dispute. Bail was conditioned upon the petitioner depositing a refund draft of the consideration amount within one and a half months and surrendering to the concerned court within eight weeks.

What did the court decide?

Grant of anticipatory bail subject to payment of a refund draft of Rs.13,50,000/- within 1.5 months and surrender within 8 weeks with bail bond.

Birendra Mishra @ Birendra Kumar Mishra Vs… — Contract and Commercial Disputes | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26882 of 2019

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Arising Out of PS. Case No.-1865 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna

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======================================================

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Birendra Mishra @ Birendra Kumar Mishra, Son of Late Shravan Kumar Resident of Mohalla - Bahari Begumpur, Shidhe Bazar, P.S.- Bypass, Distt - Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Ram Chandra Prasad Yadav, Son of Late Kishun Prasad Resident of Asthay Bahari Begumpur, Sidhe Bazar, Buxaria Tola, P.O.- Begumpur, P.S.Byepass, Distt - Patna. At present Bazar Samiti, Main Road, P.S.Bahadurpur, P.O. Mahendru, Distt - Patna. - 800006

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Mouar For the Opposite Party/s : Mr.Pradeep Narain Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 21-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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Petitioner apprehends his arrest in connection with Complaint Case No.1865 of 2017, for the offence punishable under Sections 420, 406, 323 of the Indian Penal Code.

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The allegation against the petitioner as per the complaint is that petitioner had entered into an agreement for sale along with the complainant, Ram Chandra Prasad Yadav, for sale of a piece of land having a total area of 7 ½ katha with the complainant, i.e., Opposite Party No.2, for total consideration amount of Rs.13,50,000/- but despite having

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Patna High Court CR. MISC. No.26882 of 2019(4) dt.21-08-2019 2/3

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received the entire consideration amount, petitioner did not execute the sale deed in favour of the complainant.

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Learned counsel for the petitioner submits that the petitioner is innocent and has no intention to deceive or chit the complainant inasmuch as earlier there was an agreement between the petitioner and son of the complainant which had failed and there was some dispute relating to that. Therefore, the sale was not executed. Learned counsel further submits that he is ready to refund a sum of Rs.13,50,000/- in favour of complainant.

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Learned counsel for the complainant vehemently opposes the prayer for bail and submits that altogether 23,55,000/- was paid to the petitioner by the complainant under receipt but the petitioner has misappropriated the amount of the complainant by not executing the sale deed as promised. However, learned counsel for Opposite Party No.2, complainant without prejudice to any right or contention of the complainant to claim the balance amount from the petitioner, accepts the offer made by the petitioner for refund of sum of Rs.13,50,000/to be paid by the petitioner to the complainant.

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After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the

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Patna High Court CR. MISC. No.26882 of 2019(4) dt.21-08-2019 3/3

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complainant and taking into consideration the fact that offer made by the petitioner for refund of sum of Rs.13,50,000/- is acceptable to the complainant with certain condition, as such, I am inclined to grant anticipatory bail to the petitioner, subject to the condition that a draft of a sum of Rs.13,50,000/- shall be paid by the petitioner to the complainant-Opposite Party No.2 within one and a half month. The complainant is given liberty to claim balance amount, if any, from the petitioner in accordance with law.

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Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of eight weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon 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., XIIIth, Patna.

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It is made clear that at the time of submitting the bail bond, the petitioner shall submit a proof of payment of Rs.13,50,000/- to the complainant under receipt/ acknowledgment along with surrender-cum-bail application.

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sanjeev/- U T

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(Anil Kumar Sinha, J)

Birendra Mishra @ Birendra Kumar Mishra v. the State of Bihar

Case brief

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Birendra Mishra @ Birendra Kumar Mishra v. the State of Bihar

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