The court may grant bail even in commercial transaction cases if certain conditions, including duration of custody and willingness to cooperate, are met.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 21-01-2026 1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Kaji Muhammadpur P.S. Case no.152 of 2025, registered under section 316(2), 318(4)

and 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. As per the prosecution case, the informant states that inspite of having paid an advance of Rs.5 lacs for purchase of a flat constructed in the premises/land belonging to the petitioner, neither the said amount is being returned nor the flat is being given. As such the F.I.R.

4. Learned counsel for the petitioner submits that from the contents of the F.I.R. itself it would transpire that the transaction between the parties is purely a commercial transaction. As against receipt of Rs.5 lacs, the petitioner returned different amounts on different dates which is substantiated from the statement of the bank account of the petitioner brought on record as Annexure-P/2 to the petition. It is further submitted that the petitioner is also ready to return the balance amount. There is an inordinate delay of 9 years in lodging of the F.I.R. and the petitioner is in custody since

20.8.2025. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that neither the amount is being returned by the petitioner nor the flat is being given. As such the case.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the same revolving around a commercial transaction relating to sale and purchase of a flat built on the petitioner’s plot of land together with the petitioner having remained in custody for about 5 months since 20.8.2025 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kaji Muhammadpur P.S. Case no.152 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I^st (East), Muzaffarpur.

(Partha Sarthy, J)