Patna High CourtCR. MISC./4819/2019allowed

Abishek Kumar @ Abhisek Kumar v. The State Of Bihar And ANR

2019-01-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4819 of 2019 Arising Out of PS. Case No.-1135 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Abishek Kumar @ Abhisek Kumar, son of Late Jitendra Sharma, Resident of Village- Surhani, Police Station- Muffassil, District- Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Aditya Kumar Bhardwaj, son of Sri Rabindra Kumar, resident of MohallaLakhibagh, Dalmiya Compound, Police Station- Muffasil, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Complaint Case No. 1135 of 2016 for the offence under Sections 406, 420, 465, 467, 468, 471, 323 and 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent.

Referring to the prosecution case, he submits that taking the case on its face value, it would be evident that it is a pressure tactics for execution of sale deed in favour of the informant. He submits that in the matter of agreement and its execution, there is specific remedy under the law and, as such,

Patna High Court Cr.Misc. No.4819 of 2019(2) dt.29-01-2019 2/2 the petitioner deserves bail. The petitioner is in custody since 22.11.2018.

Considering the fact that the petitioner has got no criminal antecedent and alternative remedy is available to the informant for execution of sale deed, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. K. Raj, Judicial Magistrate, 1st Class, Gaya in connection with Complaint Case No. 1135 of 2016 subject to the condition that the petitioner shall not transfer any land without the prior permission of the court below.

(Anil Kumar Upadhyay, J) uday/- U T