Jitendra Kumar @ Fekan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7926 of 2019 Arising Out of PS. Case No.-561 Year-2017 Thana- KADAMKUAN District- Patna ====================================================== Jitendra Kumar @ Fekan, aged about 19 years (M), Son of late Suresh Prasad @ Suresh Yadav R/O- Mohallah- West Lohanipur , P.O and P.S Kadam Kuan, District- Patna-3 ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Singh For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Kadam Kuan P.S. Case No. 561/2017 registered for the offence punishable under Sections 406, 420 of the Indian Penal Code.
Informant has alleged that he purchased one land on 10.07.2017 from the accused - petitioner. Thereafter, again this petitioner had sold the same land to one Vinita Devi and now informant is facing dispute as such, the petitioner has cheated him.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case with intent to grab the land of the petitioner. It has further been submitted that the petitioner had not sold his land to the
Patna High Court CR. MISC. No.7926 of 2019(2) dt.26-02-2019 2/2 informant. Dispute is of civil nature. Petitioner is in custody since 29.05.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna in connection with Kadam Kuan P.S. Case No. 561/2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T