Patna High Court
Binay Kumar Prasad Singh @ Binay ... vs The State Of Bihar on 12 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31682 of 2020
Arising Out of PS. Case No.-141 Year-2020 Thana- BEGUSARAI MUFFASIL District-
Begusarai
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Binay Kumar Prasad Singh @ Binay Kumar Singh, male, aged about 75
years, S/o Late Jagatdhar Prasad Singh Resident of Village-Bijuliya, Police
Station-Samho, District-Begusarai, Presently residing at Village-Ratanpur,
Ward No.20, Police Station-Mufassil, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Dr. Amrendra Kumar, Advocate
For the State : Mr. Sunil Kumar Pandey, APP
For the Informant : Mr. Prabhat Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 12-02-2021
Heard Dr. Amrendra Kumar, learned counsel for the
petitioner; Mr. Sunil Kumar Pandey, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State
and Mr. Prabhat Kumar, learned counsel for the informant.
2. The petitioner apprehends arrest in connection with
Begusarai Muffasil PS Case No. 141 of 2020 dated 16.03.2020,
instituted under Sections 448/387/506 of the Indian Penal Code.
3. The informant has alleged that the petitioner is in
illegal possession of the house belonging to him for which he
was asking Rs. 25,00,000/- for vacating and threat was also
given to kill the son of the informant.
Patna High Court CR. MISC. No.31682 of 2020 dt.12-02-2021
4. Learned counsel for the petitioner submitted that
though on merits it would be clear that the informant has mala
fide intention and has abused the process of the Court, inasmuch
as, the house in which the petitioner is living was allocated to
his share among four brothers and the informant is the nephew
of the petitioner and his share of the land and house he has
already gifted to his family members and now he is bothering
the other co-sharers, including the petitioner. Learned counsel
submitted that in any view of the matter, even if it is assumed
that the petitioner is in illegal possession, it is a purely civil
dispute and the remedy lies before the Civil Court of competent
jurisdiction for eviction and/or damages, but not a criminal
proceeding. It was submitted that the petitioner is a retired
Professor aged about 75 years having no criminal antecedent.
5. Learned APP submitted that the allegation against
the petitioner is demand of extortion and threat to kill the son of
the informant.
6. Learned counsel for the informant also submitted
that the petitioner had threatened to kill his son and had
demanded Rs. 25,00,000/- to vacate the house belonging to the
informant.
7. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.31682 of 2020 dt.12-02-2021
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Begusarai in Begusarai
Muffasil PS Case No. 141 of 2020, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 and further that one of the bailors shall be a close relative
of the petitioner.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
