Lakhan Lal Singh @ Raman Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12459 of 2021 Arising Out of PS. Case No.-1839 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== LAKHAN LAL SINGH @ RAMAN JEE S/O CHANDRAMA SINGH R/O MOHALLA-BAIRIYA, NEAR STATE BANK OF INDIA, OLD MOTIHARI ROAD, NEAR PARAS MALL, POLICE STATION-AHIYAPUR IN THE DISTRICT OF MUZAFFARPUR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
KRISHAN MOHAN THAKUR S/O LATE VISHAWA NATH THAKUR R/O VILLAGE-PATHAHI HARI, P.S.-MUZAFFARPUR SADAR IN THE DISTRICT OF MUZAFFARPUR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar For the Opposite Parties :
Mr. Narendra Kumar Singh Mr. Hari Kishore Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard learned counsel for the parties.
2. Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 & 420 of the Indian Penal Code and Section 138 of the N.I. Act.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. The
Patna High Court CR. MISC. No.12459 of 2021(7) dt.09-01-2023 2/3 allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that in the complaint petition name of the purchaser and date of sale deed has not been disclosed by the complainant. Petitioner has two criminal antecedents as mentioned in para-3 of this application.
5. Learned counsel for the petitioner submitted that the petitioner is ready to return Rs. 2,00,000.00 (Rupees Two Lakhs) at the time of furnishing bail bond and the rest amount of Rs.10,90,000.00 (Rupees Ten Lakhs and Ninety Thousand) shall be refunded to the complainant (opposite party no.2) within six months in two equal installments.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for six months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 1839 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Learned Court below is directed to accept the bail
Patna High Court CR. MISC. No.12459 of 2021(7) dt.09-01-2023 3/3 bond of the petitioner after refunding Rs.2,00,000/- and confirm his bail bond after payment of rest amount to the complainant as detailed in paragraph no.5 of this order. If the petitioner fails to abide the details as given in paragraph no.5, the learned court below would be at liberty to cancel the bail bond of the petitioner.
(Anjani Kumar Sharan, J) Trivedi/- U T