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Patna High CourtCR. MISC./4517/2022bail granted

Harendra Pathak v. The State Of Bihar

2022-05-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4517 of 2022 Arising Out of PS. Case No.-429 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== HARENDRA PATHAK SON OF LATE VENKATESH PATHAK, R/O VILLAGE-KHAIRA BHUDHAR, P.S.-BIKRAMGANJ, DISTRICTROHTAS. ... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Bikramganj P.S. Case No. 429 of 2020 registered for offence punishable under sections 468, 471 and 420 of the Indian Penal Code.

As per allegation, the petitioner transferred the land of the informant by way of sale deed to some persons. The learned counsel for the petitioner has submitted that the petitioner is owner of that land and in this respect, Title Suit No. 52/2017 is pending, in which the petitioner is defendant no. 1. He has submitted further that the petitioner is under custody since 23.09.2021.

Patna High Court CR. MISC. No.4517 of 2022(2) dt.24-05-2022 2/2 Considering the period of custody and the nature of allegation, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 429 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T