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PRINCE RAJ v. THE STATE OF BIHAR

Supreme Court of India | Diary 10232/2023

Status

ROP - of Main Case

Decided On

07-05-2025

Bench

HON'BLE MR. JUSTICE VIKRAM NATH, HON'BLE MR. JUSTICE SANJAY KAROL and HON'BLE MR. JUSTICE SANDEEP MEHTA

Petitioner

PRINCE RAJ

Respondent

THE STATE OF BIHAR

Primary Holding

When a criminal complaint fundamentally arises from a civil dispute, anticipatory bail may be granted without imposing conditions of monetary deposit, as such conditions may prejudice substantive civil rights of the complainant in pending civil proceedings.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2553 OF 2023 PRINCE RAJ APPELLANT(S) VERSUS STATE OF BIHAR & ANR. RESPONDENT(S) O R D E R 1. Heard learned counsel for the parties. 2. The respondent no.2 approached the High Court of Judicature at Patna seeking anticipatory bail in an F.I.R. lodged by the appellant. 3. The High Court vide order dated 20.09.2022, impugned in this appeal, granted protection subject to deposit of the amount of Rs.85,00,000/- (Rupees Eighty Five Lakhs Only). The first amount of Rs.5,00,000/- (Rupees Five Lakhs Only) was to be deposited at the time of furnishing bail bond and the remaining amount of Rs.80,00,000/- (Rupees Eighty Lakhs Only) was to be paid by respondent no.2 within 15 monthly instalments. 4. The grievance of the appellant is that the High Court having directed respondent no.2 to 1

make the deposit is in effect prejudicing the right of the appellant in a suit for specific performance pending before the Civil Court. 5. Having considered the facts and circumstances of the case, we are, prima facie, of the view that the dispute is civil in nature and, as such, the High Court has rightly granted protection to respondent no.2. 6. Since the appellant himself has expressed that the condition of deposit is prejudicing his right, we accordingly set aside the condition of deposit. However, the relief of interim protection granted by the High Court to respondent no.2 shall remain as it is. The impugned order passed by the High Court stands modified to the above extent. 7. Criminal Appeal and pending applications stands disposed of. ....................,J. ( VIKRAM NATH ) ....................,J. ( SANJAY KAROL ) ....................,J. ( SANDEEP MEHTA ) NEW DELHI; MAY 07, 2025. Crl.A.No.2553 OF 2023 2

REVISED ITEM NO.14 COURT NO.5 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 2553/2023 PRINCE RAJ Appellant(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) IA No. 272156/2024 - APPLICATION FOR PERMISSION Date : 07-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE SANDEEP MEHTA For Appellant(s) : Mr. Ram Vijay Kumar,Adv. Mr. Satpal Singh, AOR Mr. Chand Qureshi, Adv. MR. Satyadev Singh, Adv. For Respondent(s) :Mr. Samir Ali Khan, AOR Mr. Pranjal Sharma, Adv. Mr. Anil Kumar Verma, Adv. Ms. Fauzia Shakil, AOR Ms. Tasmiya Taleha, Adv. UPON hearing the counsel the Court made the following O R D E R Criminal Appeal and pending applications stands disposed of in terms of the signed order. (NEETU KHAJURIA) ASTT. REGISTRAR-CUM-PS (RANJANA SHAILEY) ASSISTANT REGISTRAR (Signed order is placed on the file.) Crl.A.No.2553 OF 2023 3

ITEM NO.14 COURT NO.5 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 2553/2023 PRINCE RAJ Appellant(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) IA No. 272156/2024 - APPLICATION FOR PERMISSION Date : 07-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE SANDEEP MEHTA For Appellant(s) : Mr. Ram Vijay Kumar,Adv. Mr. Satpal Singh, AOR Mr. Chand Qureshi, Adv. MR. Satyadev Singh, Adv. For Respondent(s) :Mr. Samir Ali Khan, AOR Mr. Pranjal Sharma, Adv. Mr. Anil Kumar Verma, Adv. Ms. Fauzia Shakil, AOR Ms. Tasmiya Taleha, Adv. UPON hearing the counsel the Court made the following O R D E R Civil Appeal and pending applications stands disposed of in terms of the signed order. (NEETU KHAJURIA) ASTT. REGISTRAR-CUM-PS (RANJANA SHAILEY) ASSISTANT REGISTRAR (Signed order is placed on the file.) Crl.A.No.2553 OF 2023 4

ITEM NO.801 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No. 2553/2023 PRINCE RAJ Appellant(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) Date : 08-11-2024 This appeal was mentioned today. CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE R. MAHADEVAN For Appellant(s) Mr. Ramvijay Kumar, Adv. Mr. Chand Qureshi, AOR For Respondent(s) Ms. Fauzia Shakil, AOR UPON hearing the counsel the Court made the following O R D E R List on 27.11.2024. (RAJNI MUKHI) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.16 REGISTRAR COURT. 2 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. VIVEK SAXENA Criminal Appeal No(s). 2553/2023 PRINCE RAJ Appellant(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (pre final hearing ) Date : 20-10-2023 This appeal was called on for hearing today. For Appellant(s) Mr. Ram Vijay Kumar, Adv. Mr. Chand Qureshi, AOR Mr. Vijay Kumar, Adv. For Respondent(s) Mrs. Niranjana Singh, AOR Mr. Fauzia Shakil, AOR UPON hearing the counsel the Court made the following O R D E R Service is complete. As per Order XX, Rule 5, Sub Rule 3, records are not required to be requisitioned from the concerned Courts as the matter does not involve death sentence or life imprisonment. Four weeks time is given to the Ld. Counsel for the parties to file the additional documents. After expiry of four weeks, list the matter before the Hon'ble Court. VIVEK SAXENA Registrar MG

ITEM NO.52 COURT NO.12 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 8865/2023 (Arising out of impugned final judgment and order dated 20-09-2022 in CRLMN No. 18535/2022 passed by the High Court Of Judicature At Patna) PRINCE RAJ Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) Date : 21-08-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Ram Vijay Kumar, Adv. Mr. Chand Qureshi, AOR Dr. P.b.reddy, Adv. Ms. Patnam Shyla, Adv. Ms. C.s.hema, Adv. Ms. Arpana Soni, Adv. For Respondent(s) Mr. Saket Singh, Adv. Mrs. Sangeeta Singh, Adv. Mrs. Niranjana Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. Until further orders, interim order granted on 21.07.2023 to continue. (NEETU KHAJURIA) ASTT. REGISTRAR-cum-PS (RANJANA SHAILEY) COURT MASTER

ITEM NO.18 COURT NO.12 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 10232/2023 (Arising out of impugned final judgment and order dated 20-09-2022 in CRLMN No. 18535/2022 passed by the High Court of Judicature at Patna) PRINCE RAJ Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.110226/2023-CONDONATION OF DELAY IN FILING and IA No.110231/2023-EX-PARTE STAY and IA No.110230/2023-EXEMPTION FROM FILING O.T. and IA No.110227/2023- PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.110228/2023- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 21-07-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Ram Vijay Kumar, Adv. Mr. Chand Qureshi, AOR For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Permission to file Special Leave Petition is granted. Delay condoned. Issue notice, returnable within four weeks. In the meantime, the respondent no.2 – Rajeev Kumar will continue to make the deposit as per impugned order of the High Court with the trial court itself instead of paying the petitioner – Prince Raj. Such deposit shall remain subject to final outcome of this petition. (BABITA PANDEY) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)

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