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Patna High CourtCR. MISC./5958/2019bail granted

Sanjay Kumar v. The State Of Bihar And ANR

2019-02-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5958 of 2019 Arising Out of PS. Case No.-1090 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sanjay Kumar Son of Jaglal Chaudhary, aged about 26 years, Resident of Village - Khajpura, P.S.- Airport, District - Patna. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Dinesh Kumar, aged about 42 years, Male, Son of Late Deonandan Singh Resident of Village - Ramjaypal Nagar, Gola Road, P. S. - Rupaspur, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Singh For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1090 of 2017, disclosing offences under Sections 406, 420 of the Indian Penal Code. Allegation as per complaint petition is that at the instance of the petitioner, the complainant has approached one Sambhu Narayan Rai for purchasing of a land and an agreement to sell has been prepared and he has given rupees 9 lacs. Further it appears that the said land does not belongs to Sambhu Narayan Rai and therefore this case has been lodged against the petitioner and co-accused Sambhu Narayan Rai. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he is only a

Patna High Court Cr.Misc. No.5958 of 2019(2) dt.04-02-2019 2/2 mediator and no sale-deed was executed by him and the complainant has not handed over any amount to him. Further submission is that other co-accused persons having similar allegation have been granted privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 03.07.2018 passed in Cr. Misc. No. 33511 of 2018.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna, in connection with Complaint Case No. 1090 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T